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This book explores how trademark laws can conflict with the right to freedom of expression and proposes a framework for evaluating free speech challenges to trademark registration and enforcement laws. It also explains why granting trademark rights in informational terms, political messages, widely used phrases, decorative product features, and other language and designs with substantial pre-existing communicative value can harm free expression and fair competition. Lisa P. Ramsey encourages governments to not register or protect broad trademark rights in these types of inherently valuable expression. She also recommends that trademark statutes explicitly allow certain informational, expressive, and decorative fair uses of another's trademark, and proposes other speech-protective and pro-competitive reforms of trademark law for consideration by legislatures, courts, and trademark offices in the United States, Europe, and other countries.
List of contents
1. Introduction; 2. Conflicts between trademark laws and the free speech right due to registration of expression with substantial inherent value; 3. Trademark laws implicate the right to freedom of expression, but how do we determine when trademark and free speech rights conflict?; 4. A free speech framework for trademark law; 5. Do current trademark registration laws adequately protect expressive values and fair competition?; 6. Do current trademark enforcement laws adequately protect expressive values and fair competition?; 7. How the concept of inherently valuable expression can help inform potential reforms of trademark law; 8. Proposed speech-protective and pro-competitive Reforms of trademark registration and enforcement laws; 9. Conclusion.
About the author
Lisa P. Ramsey is a Professor of Law at the University of San Diego School of Law and an expert on trademark law. She has given presentations throughout the United States and around the world about how certain trademark laws may conflict with the right to freedom of expression.
