Trademarks and Free Speech - Conflicts and Resolutions

"This book explores how trademark and free speech rights can conflict and proposes speech-protective reforms of trademark law. It also explains why granting trademark rights in informational terms, widely used phrases, and decorative product features with substantial pre-existing communicative value can harm free expression and fair competition"--

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: Hardback
• Release: 31.12.2025
• EAN: 9781108484770
• ISBN: 978-1-108-48477-0
• 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