Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Monday, July 12, 2010

Trademarks and Freedom of Expression

Robert Burrell, University of Queensland, T.C. Beirne School of Law, and Dev Saif Gangjee, London School of Economics, have published Trade Marks and Freedom of Expression: A Call for Caution, as University of Queensland TC Beirne School of Law Research Paper 10-05. Here is the abstract.

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.

Download the paper from SSRN at the link.

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