Trade Marks and Free Speech
44 IIC 293-321 (2013)
Posted: 22 Jan 2014
Date Written: April 10, 2013
The relationship between free speech and trade mark law has been the subject of sustained analysis in the United States. This article considers the issue from a European perspective, including a comprehensive review of the cases where European courts have considered how to balance free speech and trade mark law. The study demonstrates that, even though free speech rhetoric is appearing more frequently in trade mark cases, it has had little genuine impact on European trade mark law. However, some suggestions for why this may not be as problematic as it appears are offered.
Keywords: trade mark, trademark, intellectual property, free speech, human rights, Europe
JEL Classification: K39, O34
Suggested Citation: Suggested Citation