Protection of reputable marks beyond confusion: does “due cause” help to strike a balance between trade mark proprietors and content creators?

12 January 2023
by: 
IGIR in Law

Content creators, exercising their freedom of expression, may use trade marks in their content in a way that might damage the interests of trade mark proprietors (e.g. use of Nike shoes in a porn movie). How does EU trade mark law address these different interests?