Fictional storytelling often leans on real-world details to feel authentic. For example, familiar logos, and recognizable places increasingly appear in film, TV, and other content. However, as recent headlines show, those details can spark real-world legal and reputational questions. Two universities, Duke and Pepperdine, are the latest institutions to grapple with this issue after references to these universities appeared in television shows with contentious plots and storylines. Though only Pepperdine so far has taken legal action, the position of the universities highlights a growing tension in entertainment: how far can creators go when referencing real brands and institutions in fictional storytelling?
In Season 3 of the extremely popular HBO show The White Lotus, Jason Isaacs’ character, portrayed as a Duke University alumni, is often seen wearing a Duke T-shirt. To viewers, it might register as a small character detail, but for Duke, the context was troubling. The show deals with themes of trauma, suicide and implied violence, and the school made it clear that the use of its logo was not authorized. In a public statement, Duke expressed concern that the depiction might imply endorsement or affiliation, which it seems to want to avoid, given the contentious subject matter of the show. Still, the university (as of the date of this blog) has refrained from pursuing legal action. This may be due to the fact that creative works often enjoy certain protections under trademark law. The landmark trademark case Rogers v. Grimaldi 695 F. Supp. 112 (S.D.N.Y. 1988) established what is commonly known as the “Rogers balancing test.”
The Rogers balancing test measures the public interest in avoiding confusion, against the right to freedom of speech and expression. Thanks to this case, expressive works like films and TV shows can include real trademarks if: (1) they have artistic relevance, and (2) do not explicitly mislead viewers into thinking the trademark owner is affiliated with and/or endorsing the production. If the expressive works containing such use of registered marks fails to meet both standards, however, a trademark owner may prevail in an infringement claim. In The White Lotus, the Duke shirt helps develop the character’s backstory, but is unlikely to confuse audiences into believing that the university supports the content. So, while Duke may not appreciate being featured in the show without its permission, they likely do not have a strong legal basis for a successful lawsuit.
Conversely, Running Point, a Netflix sports dramedy, prompted a very different response from Pepperdine University. Pepperdine filed a lawsuit against Netflix in February 2025, alleging that the show unlawfully used elements of its Waves athletic branding in a way that could in fact mislead viewers into believing that Pepperdine endorsed the content. According to the complaint, the series features a fictional basketball team called the Los Angeles Waves, that uses the same team mascot name, colors, and branding style as Pepperdine’s real-life athletic program. While the show does not depict Pepperdine University directly, the school argues that the similarities are strong enough to imply a connection or endorsement, particularly given the prominent and recurring role the fictional team plays in the storyline.
In contrast to scattered mentions of Duke University and occasional Duke merchandise appearing on screen in The White Lotus, Pepperdine’s claim is that Running Point builds an entire narrative around an imitation of its sports identity, making the portrayal much more sustained and potentially misleading. Pepperdine asserts that Netflix crossed the line by creating a team that looks and feels like its own team, without permission, and in a context largely against its values as a Christian university.
The Pepperdine case could prove to be an important one, especially as schools and other trademark holders become more active in protecting their identities online.
If you're a creator, these cases are a reminder to act carefully when integrating real-world trademarks into your work. If you have questions about content creation, trademarks, copyrights, and/or fair use, please contact our attorneys here.
