The third season of HBO's "The White Lotus" has unfolded a series of dramatic twists and turns—spoiler alert—including adultery, a pilfered firearm, an incestuous trio, a corpse floating in the water, deceptive friendships, and white-collar criminal activities. Given this backdrop, it might not be entirely unexpected that genuine Duke University officials are perturbed by the school's depiction as a mere supporting player throughout the season.
Jason Isaacs portrays Timothy Ratliff, a prominent character and a wealthy businessman who is also a Duke alumnus. Alongside his family, he vacations in Thailand, but their idyllic escape takes a rapid downturn when he discovers he is under investigation for his involvement in a shadowy financial scheme. To cope with the stress, Ratliff raids his wife's stash of prescription drugs, stealing lorazepam, an anti-anxiety medication, that plunges him into a zombie-like trance. Subsequently, he snatches a handgun from a resort security guard, donning a Duke T-shirt as he ponders suicide.
However, the drama intensifies: Saxon, Ratliff's eldest son, played by Patrick Schwarzenegger, works for his father's company and exemplifies toxic masculinity. He engages in a disturbing sexual encounter with his younger brother and a woman they encounter at the resort. Notably, Saxon is also a Duke graduate.
Frank Tramble, Duke's Vice President for Communications, Marketing, and Public Affairs, expressed via email that the university did not sanction the utilization of its "marks" in the show. "Duke respects artistic expression and narrative creativity," said Tramble. "Yet, characters prominently wearing attire featuring Duke's federally registered trademarks create a misleading impression and erroneously suggest an endorsement or association that does not exist." He further noted that the show "not only employs our brand without authorization but also does so in imagery that is distressing, fails to reflect our values or identity, and crosses a line."
While Duke officials may be displeased with the school's portrayal in the series, Jeanne Fromer, a professor specializing in intellectual property law at New York University School of Law, suggests that the law likely favors HBO. Trademark law, according to the professor, aims to safeguard businesses—in this case, Duke—from their "marks" being used in ways that confuse consumers. For instance, attempting to open a school named "Duke University" would likely violate trademark law.
However, "The White Lotus" does not fall into this category. Artists enjoy robust protections under the First Amendment, allowing them to utilize well-known trademarks for artistic and expressive purposes—rights that courts have consistently upheld, as Professor Fromer emphasized.
On one hand, Professor Fromer acknowledged, "I comprehend Duke's attempt to distance itself from this situation." Yet, he continued, "on the flip side, they are inadvertently drawing attention to it." David Olson, an associate professor at Boston College Law School, elaborated on the legal realm, stating that the incorporation of trademarks in fictional narratives and cultural critiques "enjoys a broad legal scope." He further noted, "A trademark does not vest control over how one's brand is referenced by others, particularly in critical contexts." When asked about the possibility of legal recourse, Mr. Tramble, representing Duke, declined to comment. Similarly, an HBO spokesperson also refrained from commenting.
The apparel worn by Duke in the show has sparked controversy, partly fueled by the school's highly celebrated basketball program—the Blue Devils, champions of five national titles—a team that garners a love-to-hate sentiment among sports enthusiasts. Amidst Duke's participation in the N.C.A.A. tournament this month, "The White Lotus" has offered fertile ground for meme creation, notably the haunting image of Mr. Ratliff, clad in a Duke T-shirt and holding a gun to his head, a picture of despair. A post on a popular platform predicting this image to become an "all-time meme" should Duke lose garnered over three million views and amassed more than 59,000 likes.
In response to this post, Duke's official account on the platform issued a poignant reminder, cautioning that suicide ranks as the second-leading cause of death on college campuses and urging those in need to seek help. "As visuals from the show proliferate across social media," Mr. Tramble stated, "we are leveraging our brand to amplify awareness about mental health and remind individuals that assistance is accessible."
With two episodes remaining in the current season of "The White Lotus," Arnold Schwarzenegger, during an appearance on "The Drew Barrymore Show," made a bold—and potentially troubling for Duke—revelation, stating that the remaining episodes made him so uneasy that he wouldn't watch them with his family. Given that his character has already featured in a nude scene in the premiere episode and engaged in a threesome with his younger brother, this declaration could exacerbate matters for Duke.
Compounding Duke's predicament is the character of Mr. Ratliff's daughter, Piper, portrayed by Sarah Catherine Hook, who, thus far, emerges as the least troubled member of her dysfunctional family and harbors aspirations of spending a year at a Buddhist monastery. Ironically, she attends Duke's arch-rival, the University of North Carolina.
