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1 results

  • 17 - Trade Marks and Cultural Identity

  • from Part III - Across Disciplines
  • Edited by Graeme W. Austin, Victoria University of Wellington, Andrew F. Christie, Andrew T. Kenyon, Megan Richardson
  • Book:
    Across Intellectual Property
    Published online:
    27 March 2020
    Print publication:
    12 March 2020, pp 227-239

  • Summary

    In a 2017 decision, theUS 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.