Trademarking Creative Works – How the United States Can Influence European Union Practices

Abstract

The attempt to expand the protection of intellectual property assets has become common. Either by cumulative protection, in cases where the same asset receives protection by more than one type of intellectual property right (“IPR”), or by extending the period of protection upon asserting another type of right when the previous protection period has finished. These practices might have different consequences that can be profitable to IPRs owners, but not necessary good for the society. For example, extending the protection of a literary work by conferring trademark rights to it can practically obstruct the work’s path towards public domain, which might give rise to doomful consequences. Trademark protection of creative works can also be a deterrent for free speech, since trademark and copyright exceptions are different. This work aims on analyzing how the United States has been approaching the question of trademarking creative works and how the country’s experience can serve as guidance and influence to the European Union and its current lack of definition involving this issue.