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The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artisticworks is noncommercial speech. There was also no copyright preemption. 3d 1146 (9th Cir.
Flora-Bama logo The Flora-Bama has been featured in artisticworks by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artisticwork. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.
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