Trademarks and Free Speech - Conflicts and Resolutions

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

Introduction; 1. Trademarks with Substantial Inherent Value; 2. When Do Trademark and Free Speech Rights Conflict?; 3. A Free Speech Framework for Trademark Law; 4. Trademark Registration Laws Can Chill Protected Speech; 5. Trademark Enforcement Laws Suppress Protected Speech; 6. Inherently Valuable Expression in Trademark Law; 7. Proposed Speech-Protective Reforms of Trademark Law; 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.

Product details

• Authors: Lisa P. Ramsey, Lisa P. (University of San Diego School of Ramsey
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Release: 31.12.2025
• EAN: 9781108723541
• ISBN: 978-1-108-72354-1
• No. of pages: 250
• Subjects: Social sciences, law, business > Law > Mercantile and commercial law; POLITICAL SCIENCE / Political Freedom, LAW / Communications, LAW / Intellectual Property / General, LAW / Computer & Internet, POLITICAL SCIENCE / Censorship, intellectual property law, Political control and freedoms, Digital and information technologies: Legal aspects, Trademarks law, Digital, IT and Communications law, Ethical issues: censorship / freedom of expression