(A Short History of) The Misuse of Trademarks to Control Free Expression

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Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free Speech: Does the First Amendment Give You the Right to Create a Trademark and Associated Goodwill, and Where Does That Right End?" and was moderated by Paul Alan Levy of Public Citizen. The other participants were Christine Haight Farley from American University's Washington College of Law and Tony Zeuli of Merchant and Gould, PC, in Minneapolis.

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