Register Trademarks and Keep the Faith: Trademarks, Religion, and Identity

80 Pages Posted: 28 Apr 2008 Last revised: 11 Feb 2011

See all articles by David A. Simon

David A. Simon

University of Kansas School of Law; Hanken School of Economics; University of Cambridge, Faculty of Law ; Harvard Law School

Date Written: February 8, 2011

Abstract

Religions frequently wage battles in court over the use of various religious trademarks. These battles, however, are not directed toward winning traditional trademark rights. At the heart of these disputes is a struggle to protect religious identity. This article argues that religions use trademark law to protect their identities because there are no other viable legal means available. Nevertheless, trademark law cannot wholly protect religious identity because of its focus on consumer perception. Because of the deficiency provided by current trademark law, this article proposes a new conceptual framework for resolving these disputes.

Keywords: trademark, trademarks, religion, identity, faith, conflict, consumer, confusion, authenticity, authentic, confusingly, UDRP

Suggested Citation

Simon, David A., Register Trademarks and Keep the Faith: Trademarks, Religion, and Identity (February 8, 2011). IDEA: The Intellectual Property Law Review, Vol. 49, No. 2, p. 233, 2009. Available at SSRN: https://ssrn.com/abstract=1126350

David A. Simon (Contact Author)

University of Kansas School of Law ( email )

1535 W 15th Street
Room 504
Lawrence, KS 66045
United States

Hanken School of Economics ( email )

PB 287
Helsinki, Vaasa 65101
Finland

University of Cambridge, Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Harvard Law School ( email )

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