Judges consider disparagement versus free speech

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Judges consider disparagement versus free speech

A session examining the interaction between trademarks and free speech included judges from three jurisdictions offering their perspectives on some hot-button issues and how their respective courts approach them.

Judges Kara Farnandez Stoll and Kimberly A. Moore, both of the United States Court of Appeals for the Federal Circuit; Elisabeth Ohm, Deputy Director of the Norwegian Board of Appeal for Industrial Property Rights; and Yasuhito Okinaka of The IP division of the Tokyo District Court answered questions posed by moderator Rachel Rudensky of Akerman, LLP in the U.S.

The takeaway was that, when it comes to the line between disparagement and free speech, viewpoints vary widely by culture, venue—and even trademark examiner. While Norway’s approach is fairly liberal, marks considered offensive to a “substantial composite” of a particular group are often rejected by the USPTO, said the panelists. In Japan, any mark that is potentially damaging to “public order or morality” can be refused.



more from across site and SHARED ros bottom lb

More from across our site

Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
As counterfeiters grow increasingly sophisticated, Gibson Dunn is differentiating its trademark practice through a focus on payment tracing, judgment enforcement and asset recovery
Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
As international interest in Southeast Asia grows, Sheng Rong Tng discusses how changing client demands and the firm’s multidisciplinary model are helping it compete for complex regional mandates
Todd Hopfinger, director in Sterne Kessler’s electronics practice group, says IP owners are contemplating how patent rights will be enforced as commercial activity expands beyond Earth
Christopher Stothers' arrival strengthens the firm's life sciences, technology and UPC offering as competition for top European litigators intensifies
Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflects the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
Gift this article