Public Policy Limitations on Trademark Subject Matter: A U.S. Perspective
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What public policy objectives are contained in the subject-matter limitations of US trademark law? This question has recently taken on a renewed interest for US legal scholars. The general public policies that animate trademark law – encouraging fair competition and protecting consumers from deceptive practices – can certainly be found in some of the doctrines that constrain trademark subject matter. Some of the specific constraints found in US law, however, do not align with these traditional trademark policy goals. These instances raise fascinating questions, such as what policy goals are being advanced in these provisions, and are these policy goals appropriate within trademark law. These are the questions that lie behind the currently live question of whether the government’s denial of registration based on justifications outside the heart of trademark law is a valid restriction on speech.
The Cambridge Handbook of International and Comparative Trademark Law
Cambridge University Press
Trademark, Free Speech, Trademark Law, First Amendment
Intellectual Property Law | Law
Farley, Christine, "Public Policy Limitations on Trademark Subject Matter: A U.S. Perspective" (2020). Contributions to Books. 282.