Trademarks- A sanctioned vent of cultural appropriation-II

Trademark law and combatting Cultural appropriation After a wave of backlash faced by Kim Kardashian and Disney for cultural appropriation, the debate over Trademark law and cultural appropriation awakened. The IP community and the activists stand divided on the issue. While trademark is meant for a dual function of identifying and distinguishing from others, public interest and community sentiments have also been taken into consideration in trademark law. In the last post, we discussed the…


Trademarks – A sanctioned vent for cultural appropriation?

In the recent times we have seen bizarre trademark registrations from names like 'Blue Ivy Carter' to English phrases that are prima facie non-distinctive and could go out of style' (Taylor Swift, we’re looking at you). Imagine not being able to label your lungis, as 'lungi' because a juggernaut has registered a trademark for the word? Sounds ridiculous, doesn’t it? Kim Kardashian West attempted to trademark the word, 'kimono' for her new line of shapewear. The application was withdrawn…