Marked by Faith: A Justification for Religious Fair Use in Trademark Infringement Disputes

Marked by Faith: A Justification for Religious Fair Use in Trademark Infringement Disputes

Journal article

1 online resource

At the heartbeat of American jurisprudence is the freedom of religion. Under the First Amendment, religious works and symbols, taking shape as religious expression, are fiercely guarded and held sacred. Yet, trademark law may compete with First Amendment protections when religious expression is brought within its ambit. Accordingly, trademark law must be applied in a manner that respects and accommodates religious expression. However, as this Note explores, trademark law often operates to preference certain religious groups at the expense of others and to burden the free exercise of religion when one group sues another to protect the exclusive use of a religious mark in a trademark infringement dispute. To understand how trademark infringement disputes impact the religious freedoms of others, consider the story of Jane Smith.

Crossref

AIPLA Quarterly Journal, Summer 2025, Volume 53, Issue 3, p. 445.

[New York, NY] : Thomson Reuters, 2025.

eng

https://1.next.westlaw.com/Copyright

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