Trade Marks and Cultural Identity
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Description
In a 2017 decision, the US Supreme Court held that constitutional commitments to free expression barred the Patent and Trademark Office from rejecting the registration of 'The Slants' for an Asian rock band, even though the term is understood to disparage Asians. Because we do not agree with the Court’s view that true speech can always correct false speech, we argue that the US can learn from the ways in which New Zealand trade mark jurisprudence protects cultural integrity while ensuring free speech. In so doing, we follow Sam Ricketson’s admonition that common law jurisdictions learn from one another.
Source Publication
Across Intellectual Property: Essays in Honour of Sam Ricketson
Source Editors/Authors
Graeme W. Austin, Andrew F. Christie, Andrew T. Kenyon, Megan Richardson
Publication Date
2020
Recommended Citation
Dreyfuss, Rochelle C. and Frankel, Susy, "Trade Marks and Cultural Identity" (2020). Faculty Chapters. 1167.
https://gretchen.law.nyu.edu/fac-chapt/1167
