Narrative Fair Use System for Weakly Distinctive Trademarks: From the “Green Pepper” Case

DOI: https://doi.org/10.62517/jel.202514104

Author(s)

Sunwei Lu

Affiliation(s)

School of Law, China JiLiang University, Hangzhou, Zhejiang, China

Abstract

Weakly distinctive trademarks can be protected through registration, but it's often unclear how much protection they provide. This paper compares the protection of weakly distinctive trademarks and its exceptions to the interests of law. It also introduces the British John Locke on the right to property of the labor of the doctrine of acquisition. This method helps us understand the role of reasonable use in determining trademark infringement. We can see that weakly distinctive trademark protection is focused on the public interest of the reasonable use of the trademark narrative. This is better than the traditional and abstract determination of trademark use because it is more predictable and practical.

Keywords

Fair Use; Weakly Distinctive Trademarks; Balance of Interests; John Locke

References

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