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Trade marks and freedom of expression - a call for caution

By Robert Burrell and Dev Gangjee

Abstract

Reviews trade mark parody cases to discuss concerns about the use of freedom of expression arguments to constrain trade mark rights, including that: (1) a focus on the tension between trade marks and freedom of expression concedes too much in terms of the reach of trade mark law; (2) a free speech defence offers insufficient benefits; and (3) the approach over-simplifies the relationship between parody and the underlying rationale of freedom of expression

Topics: K Law (General)
Publisher: Max Planck Institute for Intellectual Property, Competition and Tax Law
Year: 2010
OAI identifier: oai:eprints.lse.ac.uk:36347
Provided by: LSE Research Online
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