Duke University is a title favorite in the NCAA men’s basketball tournament, but that’s not the only reason the school has been in a national spotlight this spring.
Duke is also getting attention due to Season 3 of “The White Lotus,” which is airing right now on HBO and Max.
One of the main characters in Season 3, Timothy Ratliff, is repeatedly shown wearing Duke gear during his family’s Thailand vacation.
Screenshots from his scenes in “The White Lotus” have fueled memes for Duke fans — and the people who love to hate them.
Now, Duke officials are raising concerns about the show’s use of their school’s branding and about the types of images being used in viral memes.
One popular screenshot from Season 3 of “The White Lotus,” which is rated TV-MA, shows Ratliff holding a gun to his head as he contemplates suicide.
Duke’s social media accounts have been responding to posts about the picture with information about seeking help for suicidal thoughts.
“The White Lotus” “not only uses our brand without permission, but in our view uses it on imagery that is troubling, does not reflect our values or who we are, and simply goes too far,” said Frank Tramble, the vice president for communications, marketing and public affairs at Duke, in a statement to The New York Times.
He noted that HBO’s use of Duke gear raises trademark concerns.
“Duke appreciates artistic expression and creative storytelling, but characters’ prominently wearing apparel bearing Duke’s federally registered trademarks creates confusion and mistakenly suggests an endorsement or affiliation where none exists,” Tramble said.
Pepperdine’s lawsuit against Netflix
Duke’s concerns about “The White Lotus” are similar to concerns raised by Pepperdine University about “Running Point” on Netflix.
Pepperdine, a Christian school in California, filed a federal lawsuit against Netflix and Warner Bros. Entertainment in February, alleging that the companies infringed on its trademarks by copying its school colors and team name, among other characteristics, as the Deseret News reported at the time.
In a statement about the lawsuit, Sean Burnett, Pepperdine University senior vice president and chief marketing officer, said “Running Point” was damaging Pepperdine’s reputation by associating it with off-color jokes and activities.
“The university has ... expressed deep concerns about some of the series’ themes, which include explicit content, substance use, nudity, and profanity — elements that are inconsistent with Pepperdine’s Christian values and reputation," the statement said.
In late February, a judge denied Pepperdine’s request for a temporary restraining order, allowing “Running Point” to premiere as planned, per Deadline.
Will Duke sue HBO?
If Duke chooses to take legal action against HBO, it would also likely struggle to get a judge to intervene, legal experts told The New York Times.
Trademark issues emerge when someone launches a competing business — like a new college — and tries to capitalize on the popularity of your brand by mimicking your name and branding, not when someone references your brand in a creative project.
Creative ventures, including TV series, generally are free to use real-life brands as a plot device, legal experts said.
“A trademark does not give one control over how others reference one’s brand, including in critical ways,” said David Olson, an associate professor at Boston College Law School, to The New York Times.
Tramble declined to answer the Times’ question about whether Duke University is weighing legal action.