ABSTRACT
The paper analyses the current European trademark legal framework for striking a balance between the interests of proprietors of reputable trademarks and content creators. The paper focuses on five different cases where the competing interests arise, interpreting and applying provisions of European Trademark Regulation in the course of assessing a possible infringement. The paper presents the main issues that create obstacles to the balance mentioned earlier. Finally, the paper questions the applicability of the ‘due cause’ provision and its interpretation in the CJEU law and suggests possible amendments to the European Trademark Regulation that will help to create the balance between the freedom of expression and trademark rights.
Antoniuk, Mykola, Does the EU Trademark Regulation Offer Sufficient Space for Using Reputable Trademarks in Commercial Creative Content in a Non- Infringing Manner? (August 29, 2022).
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