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 2025

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

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

Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Gift this article