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

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.

Product details

• Authors: Lisa P. Ramsey
• Publisher: Cambridge Academic
• Languages: English
• Product format: Hardback
• Release: 31.12.2025
• EAN: 9781108484770
• ISBN: 978-1-108-48477-0
• Illustrations: Worked examples or Exercises
• Subjects: Social sciences, law, business > Law > Mercantile and commercial law; LAW / Intellectual Property / General, 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