By: Noreen Tareque

On October 10, Campbell’s Soup Company (“Campbell’s Co.”) filed a trademark infringement complaint against Shelby Nicole Campbell, a congressional candidate in Michigan’s 13th District, in the Eastern District Court of Michigan.[1] Notably, Ms. Campbell’s campaign materials are comprised of soup can imagery created using artificial intelligence (AI).[2] The imagery is nearly identical to Campbell’s Co.’s iconic red-and-white soup branding.[3] Her campaign website, “soup4change.com,” social media handles, and promotional materials feature the soup-can motif using the same colors, fonts, and layout as the famous Campbell’s Co. trade dress.[4] The design places “Campbell” at the top and “Soup for Change 2026” in the flavor banner, closely imitating the company’s registered marks.[5] After sending a cease-and-desist letter on September 2, 2025, Campbell’s Co. claims that Ms. Campbell refused to comply, asserting instead that her use is protected parody and political speech under the First Amendment.[6]

Under § 43(a) of the Lanham Act, using a mark in a way that creates a false or misleading impression of affiliation or endorsement can give rise to liability.[7] Additionally, § 32(1) imposes liability for using a registered mark in commerce without the owner’s consent, in a way likely to cause consumer confusion.[8] Although political expression receives First Amendment protection, courts scrutinize whether the unauthorized use of a protected mark is connected to a clear transactional activity.[9] It has been previously held that First Amendment protections are limited when a political candidate’s imagery appears to trade on a commercial brand’s reputation.[10] The central question in Mr. Campbell’s case will likely be whether voters would reasonably believe Campbell’s Co. sponsors, endorses, or is otherwise affiliated with Ms. Campbell’s campaign.

Campbell’s Co. points to Ms. Campbell’s public statements and social media connecting her campaign to the brand as evidence that she may be capitalizing on the company’s goodwill.[11] The company argues that Ms. Campbell’s campaign materials infringe on its federally registered trademarks, create a false designation of origin, and suggest false endorsement.[12] Campbell’s Co. maintains that its trade dress, collectively known as the “Campbell’s Federal Marks,” has been used for over 125 years and is widely recognized by consumers.[13] The company also asserts that because Ms. Campbell is aware of the famous trade dress and its beloved reputation, she is riding on the goodwill of the company by continuing to sell stickers and promote her campaign using the Campbell’s Co. branding.[14]

Campbell’s Co. further maintains that this unauthorized association risks confusing voters into believing the company supports Ms. Campbell’s candidacy, causing irreparable reputational harm.[15] The purpose of trademark law is not to prevent political expression, but to ensure that consumers are not misled about the source, sponsorship, or approval of goods and services in commercial use.[16] In this case, the concern is not that voters might confuse Ms. Campbell with the soup company itself, but that they may think her campaign is being supported by Campbell’s Co.[17]

On the other hand, Ms. Campbell characterizes her use as parody and political commentary.[18] She told reporters, “Powerful institutions, whether educational or corporate, often use their vast resources to control narratives, intimidate individuals, and dictate outcomes. This is exactly why I’m running for Congress: because our legal system should not be a weapon reserved for the wealthy.”[19] Ms. Campbell’s defense appears to frame her campaign as a form of political satire, suggesting that her use of Campbell’s Co. soup imagery symbolizes accessibility and the “everyday American.”[20] She has also remarked that she is commonly known around her social circles as “Shelby Soup,” so her promotional tactics are closely tied to her individual identity rather than invoking a connection to Campbell’s Co. itself.[21]

If Ms. Campbell can show that her design is distinguishable as political commentary on corporate power and she can prove no likelihood of consumer confusion or false association, then the court may view her expression as protected political speech rather than a misleading use of a trademark.[22] A win for the underdog, Ms. Campbell, would have powerful implications.

Beyond the dispute itself, the case raises two broader questions: the extent to which political campaigns may reference or parody corporate imagery, and how the rise of AI affects intellectual property (IP) law. Introducing AI into campaign branding complicates longstanding trademark principles, as courts must now evaluate whether AI-generated content should be treated differently under existing IP frameworks.[23]

While this was an interesting case to follow, as of November 14, 2025, both parties have agreed to settle the case.[24] The Eastern District Court of Michigan ordered Ms. Campbell to cease use of Campbell’s Co.’s trademark logo and trade dress, but that Ms. Campbell may continue to use the term “soup” in her campaign.[25] Ms. Campbell feels strongly about her right to expression, but is excited both parties were able to reach this decision.[26]

 

[1] Kyle Jahner, Campbell’s Soup Files Trade Dress Suit Over Political Campaign, BL (Oct. 13, 2025, at 15:03 ET), https://www.bloomberglaw.com/product/ip/bloomberglawnews/ip-law/XBDVGF2G000000 [https://perma.cc/Z4YK-7CW3].

[2] Sneha Dhandapani, Campbell’s Soup Sues Michigan Congressional Candidate Over Logo, Mich. Pub. (Oct. 13, 2025, at 15:33 ET), https://www.michiganpublic.org/politics-government/2025-10-13/campbell-soup-sues-michigan-congressional-candidate-over-logo [https://perma.cc/BU9D-HSEH] (stating Ms. Campbell used ChatGPT to generate the stickers).

[3] See Complaint & Demand for Jury Trial at 3, Campbell’s Co. v. Campbell, No. 2:25-cv-13213 (E.D. Mich. Oct. 10, 2025).

[4] See id. at 15-16.

[5] See id. (indicating that Ms. Campbell’s sticker does not have the “s” and that the flavor section of the can has different words than the Campbell’s Co. soup cans).

[6] See id. at 21–22.

[7] Lanham Act § 43(a), 15 U.S.C. § 1125(a) (2012).

[8] Lanham Act § 32(1), 15 U.S.C. § 1114(1) (2005).

[9] See Radiance Found., Inc. v. NAACP, 786 F.3d 316, 326, 327 (4th Cir. 2015) (indicating transactional to mean commercial).

[10] See Hershey Co. v. Friends of Steve Hershey, 33 F. Supp. 3d 588, 594-95 (D. Md. 2014) (holding that “[First Amendment] protection does not apply when the trademark is used to associate a political candidate with a popular consumer brand.”).

[11] Complaint & Demand for Jury Trial, supra note 3, at 25.

[12] Id. at 1.

[13] Id. at 2–3.

[14] See id. at 4–6 (showing photos of Ms. Campbell holding her sticker next to a Campbell’s soup can, pictures of a social media post where Ms. Campbell wrote, “Help a girl out. We know you all love the Campbell’s soup cans lol,” and screenshots of Ms. Campbell acknowledging that Campbell’s Co. has asked her to cease using their trade dress but refuses to do so).

[15] Id. at 24.

[16] Barton Beebe, Trademark Law: An Open-Access Casebook 499 (12th ed. 2025), https://www.tmcasebook.org/wp-content/uploads/2025/06/BeebeTMLaw-v12-digital-edition.pdf [https://perma.cc/W77X-TK88] [hereinafter Barton Beebe] (“[T]rademark law may find infringement when the defendant’s conduct leads consumers mistakenly to believe that there is a relation of ‘sponsorship’ or ‘affiliation’ between the plaintiff and the defendant”).

[17] Complaint & Demand for Jury Trial, supra note 3, at 24, 29.

[18] See id. at 6.

[19] Paula Wethington, Campbell’s Soup Sues Michigan Congressional Candidate over Trademark Infringement, CBS News (Oct. 13, 2025, at 15:03 ET), https://www.cbsnews.com/detroit/news/campbells-sues-michigan-congressional-candidate-over-trademark-infringement/ [https://perma.cc/JWK5-SGCC].

[20] See Soup 4 Change!, Campbell for Congress, https://www.soup4change.com/ [https://perma.cc/RYG6-QEBR] (last visited Nov. 8, 2025) (“This campaign isn’t about power. It’s about people. It’s about reclaiming our voice, rebuilding our communities, and rewriting the rules to work for us.”); see also Dhandapani, supra note 2 (“They want me to stop saying soup, and . . . That’s something I won’t let them take from me.”).

[21] See Dhandapani, supra note 2.

[22] See Radiance Found., Inc. v. NAACP, 786 F.3d 316, 325 (4th Cir. 2015) (“Trademark protections exist neither to allow companies to protect themselves from criticism nor to permit them to ‘control language.’”); cf. Barton Beebe, supra note 16, at 478 (explaining that the defendant failed to distinguish their mark from plaintiff’s even though they used different words and promoted different political agendas, and emphasizing the significance of accurate consumer survey evidence to prove likelihood of confusion (citing Alliance for Good Gov’t v. Coalition for Better Gov’t, 901 F.3d 498 (5th Cir. 2018)); see also Jahner, supra note 1 (indicating Ms. Campbell has never implied she is endorsed by Campbel’s Co. and her campaign is about “‘challenging corporate power’ and not ‘selling soup.’”).

[23] See Negar Bondari, AI, Copyright, and the Law: The Ongoing Battle Over Intellectual Property Rights, IP & Tech. L. Soc’y, Gould Sch. of L. (Feb. 4, 2025), https://sites.usc.edu/iptls/2025/02/04/ai-copyright-and-the-law-the-ongoing-battle-over-intellectual-property-rights/ [https://perma.cc/352H-BM7S]; see also Saad Al Doseri & Srivani P. Nair, Intellectual Property in the Age of Artificial Intelligence: Who Owns AI-Generated Creations?, Al Doseri L. (Aug. 4, 2025), https://www.aldoserilaw.com/intellectual-property-in-the-age-of-artificial-intelligence-who-owns-ai-generated-creations/ [https://perma.cc/J5KK-N6YV].

[24] Stipulated Order, Campbell’s Co. v. Campbell, No. 2:25-cv-13213-JEL-DRG, E.D. Mich. (Nov. 14, 2025).

[25] Sneha Dhandapani, Michigan Congressional Candidate Settles to Stop Using Campbell’s Soup Logo After Lawsuit, Mich. Pub. (Nov. 14, 2025, at 20:18 ET), https://www.michiganpublic.org/politics-government/2025-11-14/michigan-congressional-candidate-agrees-to-stop-using-campbell-soup-logo-after-lawsuit [https://perma.cc/UW2P-78SR].

[26] Id.