Photo: Olivier Le Moal via Shutterstock Trademarks and the First Amendment: Litigation Trends
The Supreme Court has recognized the conflict between trademark law's important commercial and consumer protection functions, and the First Amendment protections for expressive works. Here, the author considers this conflict against the backdrop of a series of recent cases applying these doctrines.
November 06, 2020 at 03:04 PM
8 minute read
Copyright law balances free speech principles in well-documented ways. In Harper & Row Publishers, Inc. v. Nation Enterprises, the Supreme Court recognized that "the Framers intended copyright itself to be the engine of free expression" and that by "establishing a marketable right to the use of one's expression, copyright supplies the economic incentive to create and disseminate ideas." 471 U.S. 539, 558 (1985).
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