Trade Marks and Free Speech

44 IIC 293-321 (2013)

Posted: 22 Jan 2014

See all articles by Ilanah Simon Fhima

Ilanah Simon Fhima

Institute of Brand and Innovation Law, Unversity College London

Date Written: April 10, 2013

Abstract

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

Simon, Ilanah, Trade Marks and Free Speech (April 10, 2013). 44 IIC 293-321 (2013), Available at SSRN: https://ssrn.com/abstract=2381995

Ilanah Simon (Contact Author)

Institute of Brand and Innovation Law, Unversity College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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