Trademark Law Episode 7: Limitations on Trademark Protection in the United States and the European Union

This episode delves into the critical limitations on trademark protection within the United States and the European Union, as outlined in The Cambridge Handbook of International and Comparative Trademark Law. We explore the scope and rationale behind restrictions on trademark rights, such as the need to prevent monopolies on commonly used terms, functional aspects, and signs that lack distinctiveness. The episode examines the legal doctrines that limit protection, including fair use, freedom of expression, and the public interest. Through comparison, we highlight how U.S. and EU laws address these limitations differently, balancing the rights of trademark owners with consumer protection and market competition.