The the freedom of expression sometimes interferes with trademark rights. This often gives us very interesting case law. Where does an opinion stops using trademarks of others? In the present case, the goal was registering a trademark but in despite of a possible freedom of expression, the trademark still was refused.
The trademark application in the US concerns Stop the Islamisation of America. This was the slogan of a campaign against the construction of a mosque right next to the World Trade Center in New York.
A dubious phrase and according to the U.S. trademark office insulting to Muslims and therefore contrary to public order. And although the freedom of expression should weigh heavily in these kind of cases, we agree with the USPTO that not everything should be a trademark.
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“Trademark protection gives freedom to do business.”