INTRODUCTION
This contribution explores what exactly is ‘public policy and morality’ in trade mark and design law. It is an evolving concept for sure, but can it be captured in a formula? The authors have focused on EU and Benelux case law. For trade marks, this article also touches upon the recent case law developments in the USA on immoral and scandalous marks. It also reports on some court decisions from other EU Member States …
Carina Gommers, Eva De Pauw and Ine Letten, ‘Thou shalt not pass’ – trade mark and design offices and courts as guardians of public policy and morality, Journal of Intellectual Property Law and Practice, volume 16, issue 1, January 2021, pages 21-40, https://doi.org/10.1093/jiplp/jpaa191. Published: 2 December 2020.
First posted 2021-03-07 15:00:58
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