What's in a Name Anyway? Trademark Basics for Community Associations; The National Law Review, December 6, 2024

 Erica B. E. Rogers of Ward and Smith, P.A. , The National Law Review; What's in a Name Anyway? Trademark Basics for Community Associations

"This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners...

IV. VALUE PROPOSITION FOR COMMUNITY ASSOCIATION

Trademark rights are crucial for protecting the identity and reputation of a community association. They help prevent confusion among property owners and prospective residents by ensuring that the association's name and symbols remain distinct. However, while trademarks are valuable tools for community associations to deter unauthorized use, they cannot be used to silence opinions or criticisms. Understanding this balance is essential for effectively managing and enforcing trademark rights in a manner that respects both legal protections and fundamental freedoms of the property owners."

Episode 774: Unspeakable Trademark; NPR, Planet Money, May 26, 2017

[Podcast] Jacob Goldstein, Ailsa Chang, NPR, Planet Money; 

Episode 774: Unspeakable Trademark

"Warning: This episode has explicit language, for unavoidable and soon-to-be obvious reasons...

Today on the show, a fight over a band name that turns into a fight about free speech. It goes all the way to the Supreme Court."

EFF to Supreme Court: Trademarks are Not Government Speech; Electronic Frontier Foundation (EFF), 12/16/16

Daniel Nazer, Electronic Frontier Foundation (EFF); EFF to Supreme Court: Trademarks are Not Government Speech:

"Today, together with the Thomas Jefferson Center for the Protection of Freedom of Expression, EFF submitted an amicus brief in Lee v. Tam. Our brief discusses an unusual but important question: are registered trademarks government expression? It is important to get the dividing line between government and private speech correct. This is because, while the government doesn’t get to control what you say, it does get to control what it says. As we argue in our brief, categorizing registered trademarks as government expression would threaten speech in many other areas.

The case involves a rock band from California called The Slants."