Pixels in Peril: Resolving the Dichotomy of Freedom of Expression and Trademark Protection in Video Games

  • Shantanu Singh Batra and Abhimanyu Batra
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  • Shantanu Singh Batra

    Advocate at Punjab and Haryana High Court, Chandigarh, India

  • Abhimanyu Batra

    Advocate at Punjab and Haryana High Court, Chandigarh, India

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This research paper examines the intricate relationship between video games, trademark laws, and freedom of speech and expression. With the rapid growth of the gaming industry, questions surrounding the boundaries of intellectual property rights, creative expression, and individual liberties have become increasingly important. The paper begins by providing an overview of the legal framework governing trademark laws and their relevance to video games. It explores the fundamental principles underlying trademark protection, such as the likelihood of confusion and potential dilution of trademarks in the gaming context. Furthermore, it investigates how the interplay between trademark laws and video games impacts the ability of game developers to create and distribute innovative content. Moving forward, the study delves into the multifaceted issue of freedom of speech and expression within the realm of video games. It examines landmark legal cases that have shaped the interpretation of the Right of Freedom of Speech and Expression in the United States and India in relation to video games. Specifically, the paper analyzes instances where the tension between expressive freedom and trademark rights has led to legal disputes within game narratives. The study explores the various approaches taken by courts in the US and India in addressing the complex issues arising from the convergence of video games, trademarks, and freedom of speech. By examining these legal perspectives, the paper provides insights into how both the jurisdictions have approached this matter and the potential implications thereof. Ultimately, this research paper aims to contribute to the ongoing discourse surrounding video games, trademark laws, and freedom of speech and expression. By shedding light on the legal challenges faced by game developers and the implications for creative expression, it highlights the need for a balanced approach to safeguard both intellectual property rights and individual liberties in the digital age.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 3914 - 3924

DOI: https://doij.org/10.10000/IJLMH.115237

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