Trade Marks and Freedom of Expression: A Call for Caution
University of Western Australia - Faculty of Law
Dev Saif Gangjee
Faculty of Law, University of Oxford
April 20, 2010
University of Queensland TC Beirne School of Law Research Paper No. 10-05
Over recent years there has been growing interest in the relationship between trade marks and free speech. United States academics have argued that we should look to freedom of expression principles to curb the expansion of trade mark rights and this suggestion is being taken increasingly seriously in other jurisdictions. While sharing concerns about the overreach of trade mark law, we express caution about the advisability of looking to freedom of expression to solve the problem. Specifically, we argue that this focus concedes too much in terms of the reach of trade mark law, is unlikely to prove effective (at least outside of the United States) and carries with it the danger that the relationship between trade marks and speech will become overly simplified.
Number of Pages in PDF File: 36
Keywords: Trade marks, dilution, freedom of expression, speech, trade mark parodies
Date posted: April 21, 2010 ; Last revised: October 12, 2012
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