The Eleventh Circuit Rules in Favor of Floribama Shore Creators and Opines on the Future of the “Title-Versus-Title Exception” to the Rogers v. Grimaldi Defense
MSK Client Alert
December 7, 2022
The Eleventh Circuit recently affirmed the Northern District of Florida’s summary judgment decision in MGFB Props., Inc., et al. v. Viacom, Inc., holding that use of the name MTV Floribama Shore for a reality show spin-off of Jersey Shore is protected by the First Amendment and does not infringe the trademark of a well-known bar called Flora-Bama Lounge. The Court’s majority and concurring opinions offer guidance on the defense articulated in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) and, in particular, on the future of the so-called “title-versus-title exception” in the Eleventh Circuit.