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from Part VI - Intellectual Property Social Justice in Global Perspective: Issues in Gender and Development Disparity
Published online by Cambridge University Press: 04 January 2024
Trademark regulation in many countries contains provisions that prohibit the registration of marks that are disparaging, scandalous, immoral, or offensive to a group of people in society. In the European Union (EU) and in the Andean Community, trademark regulations also deny registration of trademarks that are contrary to public policy or good manners. In the United States of America, immoral, disparaging or scandalous trademarks were banned as well according to the federal trademark statute, but in 2017 and 2019 the United States Supreme Court held that those limits violated the United States Constitutional First Amendment right of Freedom of Expression.1
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