Trademarks and Free Speech
Conflicts and Resolutions

Explores how trademark and free speech rights can conflict and how registering certain trademarks can harm freedom of expression.

Lisa P. Ramsey (Author)

9781108484770, Cambridge University Press

Hardback, published 22 January 2026

250 pages
22.9 x 15.2 x 2.2 cm, 0.73 kg

'Lisa Ramsey's book is a comprehensive argument for reforming trademark law with greater attention to free speech principles. Rich with examples of overclaiming, it makes a strong case that both communication and product markets would be better off with a narrower trademark law focused on protecting consumers from deception that matters to them, rather than handing control of ordinary words to single owners across a broad swath of the economy.' Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law School

This book explores how trademark laws can conflict with the right to freedom of expression and proposes a framework for evaluating free speech challenges to trademark registration and enforcement laws. It also explains why granting trademark rights in informational terms, political messages, widely used phrases, decorative product features, and other language and designs with substantial pre-existing communicative value can harm free expression and fair competition. Lisa P. Ramsey encourages governments to not register or protect broad trademark rights in these types of inherently valuable expression. She also recommends that trademark statutes explicitly allow certain informational, expressive, and decorative fair uses of another's trademark, and proposes other speech-protective and pro-competitive reforms of trademark law for consideration by legislatures, courts, and trademark offices in the United States, Europe, and other countries.

Introduction
1. Trademarks with Substantial Inherent Value
2. When Do Trademark and Free Speech Rights Conflict?
3. A Free Speech Framework for Trademark Law
4. Trademark Registration Laws Can Chill Protected Speech
5. Trademark Enforcement Laws Suppress Protected Speech
6. Inherently Valuable Expression in Trademark Law
7. Proposed Speech-Protective Reforms of Trademark Law
Conclusion.

Subject Areas: Intellectual property law [LNR]