What are a person's rights to use trademarked items in public debate?

Factual Questions
1

What are a person’s rights and a trademark holder’s rights if a non-trademark holder uses another’s trademark in a public debate? This is purely hypothetical - perhaps inspired by muckraker Michael Moore who used to wear a Detroit Tiger cap around - but what if I was an outraged baseball fan upset about the impending strike/lockout and I successfully formed a loud and obnoxious organization of baseball fans that garnered a lot of public and media attention. (There are some such organizations forming but at the moment I don’t plan on joining them or taking a leadership role.)

Let’s say I appear on Letterman while wearing officially licensed MLB attire, with the team logo plainly visible. (The specific team logo is of a smiling Native American, but let’s not get into that right now.) Naturally, I charm Dave with my humor and carefully thought out arguments, but the powers that be in baseball aren’t amused, even though I lawfully obtained the attire at the team shop by paying full price, and even though at the time of purchase nobody said I couldn’t wear it while protesting about the stupid baseball owners and players. The questions are: could the team owners successfully stop me from wearing their own logo on TV , since I don’t represent them or their views, even though I bought the clothing with the logo fair and square at their team shop? Could CBS lawfully insist I not wear the licensed merchandise while on their programs, because if I did so then they would have have to pay the team owners some large fee in exchange for broadcasting the logo, even though the logo is part of my personal wardrobe and I bought the shirt already? Beats me, which is why I come to the experts here.

I am a lawyer but intellectual property law isn’t my specialty.

2

IANAL, but, I don’t think they could win in a court of law. However, winning a trial is not the main issue. They could definately threaten the network with a lawsuit or even threaten them with a potential loss of a TV contract. You have no inherent right to be on TV, and television network executives are traditionally extremely cautious, and might very well require you to doff your league-sanctioned garb before appearing on their show. Oh, and they probably won’t go for you showing up naked, either.

3

IANAL, but as Punoqllads notes, law may not some into play. It may be more issues of politics and intimidation than law.

Since you ARE a lawyer, I won’t even bother with my opinions of the legal issues in question. 'Cause they’re all basically WAGS, based on a couple of 20-year-ago constitutional law courses.

4

Wearing clothing isnt using a trademark. Theres no case to answer for you or CBS.

5

  1. They’ve licensed the logo for use on clothing that’s meant to be worn. They can’t stop you from wearing it in any context, even if you’re going to be on TV.

  2. The TV network, though, can tell you how to dress, because it’s their network.

Just to be a little bit more precise – You do have the right to expres yourself how you wish on television, just as you do in any context. The TV network, though, has no obligation to put you on. So long as it’s okay with the network, you do have a right to free express that you can exercise on TV.