Trade marks and freedom of expression - a call for caution

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