Can White Lotus Use a Duke Shirt? What Trademark Law Says

When The White Lotus Season 3 aired a scene involving a character wearing a Duke University T-shirt, viewers likely thought little of it—until Duke pushed back. The moment, which depicts actor Jason Isaacs’ character Timothy Ratliff contemplating suicide while wearing Duke apparel, sparked a minor firestorm that raises a bigger question: Can television shows legally use real college logos and trademarks?

In this post, we’ll break down what happened, explore the trademark rights involved, and explain why this isn’t just a Hollywood issue—it’s a teachable moment for brands of all kinds.

The Scene That Started It All

The controversy centers on a scene from Season 3 of The White Lotus, where Isaacs’ character sits on a hotel balcony wearing a Duke University T-shirt. The moment is intimate and dark, portraying the character at a mental and emotional breaking point.

While the shirt is never directly referenced in the dialogue, it’s unmistakably branded with the iconic “DUKE” lettering. According to Isaacs, the shirt was meant to reflect the character’s background as a Duke alumnus. But not everyone appreciated the context.

Duke University Responds

Following the episode’s release, Duke issued a public statement criticizing the show’s use of its brand. The university expressed concern over the association of its trademark with a depiction of suicide, stating:

“The unauthorized use of Duke’s name and mark in this context misrepresents the university and suggests an affiliation that does not exist.”

Jason Isaacs responded with a bit of levity, promising to wear Duke apparel on the red carpet “to show no hard feelings”—but the legal implications are no joke.

Trademark Law and “Expressive Use” in Entertainment

So can HBO legally feature a character wearing a real-world trademark like a Duke T-shirt? The answer is: usually, yes—under a doctrine called expressive use.

U.S. trademark law, under cases like Rogers v. Grimaldi, recognizes a balance between trademark protection and First Amendment rights. If a trademark is used in an expressive work (like a TV show or movie) and the use isn’t explicitly misleading, it may be allowed even without the trademark owner’s consent.

In other words, a college shirt can appear on screen as long as it:

• Has artistic relevance to the character or scene, and
• Doesn’t mislead viewers into thinking the university endorsed the show.

This standard is why you often see real products, logos, and apparel in TV and film without lawsuits flying. But it’s also why rights holders sometimes protest—not necessarily to win in court, but to protect their image.

When Brands Push Back Anyway

Even if a claim is unlikely to succeed, public objections serve a purpose. Duke’s reaction may have been as much about controlling perception as it was about asserting legal rights. Universities, like companies, rely on their brands to attract students, donors, and sponsors. They don’t want that brand associated with sensitive or controversial content.

We’ve seen similar pushback in the past:

• Ford Motor Company objected to the use of its cars in scenes of criminal activity in Breaking Bad.
• Louis Vuitton famously sued over knockoff bags in The Hangover Part II—and lost on parody grounds.

Duke, to its credit, has not sued. But its public stance adds to a growing trend of rights holders speaking out when their trademarks are used in ways they don’t like.

What It Means for Your Brand

While the White Lotus situation might feel worlds away from your business, the underlying principle is the same: trademark owners have limited control over how others use their marks in expressive or editorial contexts. And that can be frustrating.

Here are a few takeaways for brand owners:

• Control what you can. You may not be able to stop every use, but you can monitor and respond.
• Be strategic. Not every objection needs to be a lawsuit. Sometimes a statement (or a well-worded letter) is enough.
• Know the limits. If your brand appears in a movie, a tweet, or a news story, you may not have a legal claim—but you still have a voice.

Final Thoughts

The White Lotus Duke shirt debate is more than a moment of TV trivia. It’s a real-world example of how trademark law intersects with artistic freedom—and how brands must constantly navigate that boundary.

At Harrigan IP, we help businesses protect their trademarks in the real world and in the digital one. Whether you’re managing a university’s brand or launching your own, we can help you strike the right balance.

Ready to Take Control of Your Brand?

• Contact us today to discuss your brand protection strategy.
• Learn more about Trademark Infringement & Enforcement and your legal options.
• Thinking about registration? Explore our Trademark Registration services.
• New to branding? See The Importance of Choosing a Strong Trademark.
• Stay proactive with Trademark Monitoring.