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

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

How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
IP firm's new base will be located inside the tallest office space in the UK's ‘second city’
Practitioners at four firms across Asia and Europe share the do’s and don’ts of mindful networking ahead of the INTA Annual Meeting
Brand Action explains why the IP community can be a force for good in the world as thousands of professionals prepare to head to London for INTA’s Annual Meeting
Gift this article