Robustness check: evaluating and strengthening artistic use defences in eu trademark law

HIGHLIGHTS

  • who: Martin Senftleben from the Amsterdam Law School, University of Amsterdam have published the research work: Robustness Check: Evaluating and Strengthening Artistic Use Defences in EU Trademark Law, in the Journal: (JOURNAL) of 24/01/2018
  • what: Drawing inspiration from cultural sciences and case law on both sides of the Atlantic the analysis explores avenues for achieving this goal.
  • how: This approach - allowing artistic relevance to pose a substantial obstacle to standard trademark infringement arguments - is fully in line with the configuration of the honest practices proviso proposed above.

SUMMARY

     

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