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The third season of HBO\u2019s \u201cThe White Lotus<\/a>\u201d has featured \u2014 spoilers ahead \u2014 adultery, a stolen firearm, an incestuous threesome, a dead body in the water, fake friendships and white-collar crime.<\/p>\n So it might not be entirely surprising that real-life officials from Duke University are troubled that the school has played a supporting role throughout the season.<\/p>\n One of the show\u2019s leading characters, Timothy Ratliff, a wealthy businessman and Duke alumnus played by Jason Isaacs, is on vacation in Thailand with his family. But things go south in a hurry when he learns that he is being investigated for his part in a shady financial deal.<\/p>\n Mr. Ratliff copes by stealing lorazepam<\/a>, an anti-anxiety medication, from his wife\u2019s cache of prescription drugs. The pills leave him in a zombielike state. Later, after filching a handgun from one of the resort\u2019s security guards, Mr. Ratliff appears to contemplate suicide \u2014 while wearing a Duke T-shirt.<\/p>\n<\/div>\n<\/div>\n But there is more: Mr. Ratliff\u2019s eldest son, Saxon, who works for his father\u2019s company and is played by Patrick Schwarzenegger, is a poster child for toxic masculinity \u2014 and has a disturbing sexual encounter with his younger brother and a woman they met at the resort. Saxon went to Duke, too.<\/p>\n Frank Tramble, the vice president for communications, marketing and public affairs at Duke, said in an email that the university did not approve of the use of its \u201cmarks\u201d in the program.<\/p>\n \u201cDuke appreciates artistic expression and creative storytelling,\u201d Mr. Tramble said, \u201cbut characters\u2019 prominently wearing apparel bearing Duke\u2019s federally registered trademarks creates confusion and mistakenly suggests an endorsement or affiliation where none exists.\u201d<\/p>\n Mr. Tramble added that the show \u201cnot only uses our brand without permission, but in our view uses it on imagery that is troubling, does not reflect our values or who we are, and simply goes too far.\u201d<\/p>\n<\/div>\n<\/div>\n But while Duke officials may be annoyed with the school\u2019s portrayal in the show, the law is most likely on HBO\u2019s side, said Jeanne Fromer, a professor who specializes in intellectual property law at the New York University School of Law.<\/p>\n<\/div>\n<\/div>\n Trademark law, the professor said, is about protecting businesses \u2014 in this instance, Duke \u2014 from their \u201cmarks\u201d being used in a way that confuses consumers. For example, if someone tries to open up a school and call it \u201cDuke University,\u201d that would likely violate trademark law.<\/p>\n But that is not the case with \u201cThe White Lotus,\u201d and artists also have strong protections under the First Amendment to use well-known trademarks for artistic and expressive purposes \u2014 rights, Professor Fromer said, that the courts have consistently defended.<\/p>\n \u201cOn the one hand, I understand that Duke is trying to disassociate themselves from this,\u201d Professor Fromer said. \u201cOn the other hand, they\u2019re drawing attention to it.\u201d<\/p>\n David Olson, an associate professor at Boston College Law School, said that the use of trademarks in fiction and in cultural commentary \u201cenjoys wide legal latitude.\u201d He added: \u201cA trademark does not give one control over how others reference one\u2019s brand, including in critical ways.\u201d<\/p>\n Mr. Tramble declined to comment on whether Duke would consider legal action. A representative for HBO declined to comment.<\/p>\n<\/div>\n<\/div>\n The university\u2019s apparel in the show became an issue, at least in part, because the school\u2019s extremely successful basketball program<\/a> \u2014 the Blue Devils have won five national championships \u2014 makes it a team that many sports fans love to hate.<\/p>\n With the university in the N.C.A.A. tournament this month, \u201cThe White Lotus\u201d has provided material for potential memes \u2014 the image of Mr. Ratliff looking distraught in his Duke T-shirt, with a gun to his head, for one. A post on X that suggested that the image would emerge as \u201can all-time meme\u201d if Duke were to lose has received more than three million views and has been liked more than 59,000 times.<\/p>\n<\/div>\n<\/div>\n The post prompted a reply<\/a> from Duke\u2019s account on the platform, which cautioned that suicide was the second-leading cause of death on college campuses and urged those who needed support to seek help.<\/p>\n \u201cAs imagery from the show is being shared widely across social media,\u201d Mr. Tramble said, \u201cwe are using our brand to promote mental health awareness and remind people that help is available.\u201d<\/p>\n The current season of \u201cThe White Lotus\u201d has two episodes left, and Mr. Schwarzenegger said during an appearance on \u201cThe Drew Barrymore Show<\/a>\u201d that they made him so uncomfortable that he wouldn\u2019t watch them with his family. A bold statement \u2014 and potentially a troubling one for Duke \u2014 since his character already had a nude scene in the first episode and the aforementioned threesome with his younger brother.<\/p>\n<\/div>\n<\/div>\n Making matters worse for Duke: Mr. Ratliff\u2019s daughter, Piper, who is played by Sarah Catherine Hook, so far seems to be the least problematic member of her dysfunctional family and hopes to spend a year at a Buddhist monastery.<\/p>\n She attends Duke\u2019s rival, the University of North Carolina.<\/p>\n If you are having thoughts of suicide, call or text 988 to reach the 988 Suicide and Crisis Lifeline or go to SpeakingOfSuicide.com\/resources for a list of additional resources.<\/p>\n<\/div>\n<\/div>\n
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