The Mark of a Culture: The Efficacy and Propriety of Using Trade Mark Law to Deter Cultural Appropriation: Part 1: Social Science Theories of Cultural Appropriation

摘要

This two-part article draws from social science literature on cultural appropriation and legal texts on trade mark law to examine whether trade mark law is suited to grappling with cultural appropriation. Part 1, contained in this article, defines "cultural appropriation", highlights commonplace examples of cultural appropriation in the marketplace, and describes the harms and benefits of cultural appropriation, and the potential harms and benefits of policing it. Part 2 will appear in the next issue of E.I.P.R.