Trade Marks and Cultural Identity

Authors

Rochelle C. Dreyfuss, New York University School of LawFollow
Susy Frankel

Files

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.

First Page

227

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

Publisher

Cambridge University Press

Recommended Citation

Rochelle C. Dreyfuss & Susy Frankel, Trade Marks and Cultural Identity, Across Intellectual Property: Essays in Honour of Sam Ricketson 227 (2020).
Available at: https://gretchen.law.nyu.edu/fac-chapt/1167