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The Luxury Economy and Intellectual PropertyCritical Reflections$
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Haochen Sun, Barton Beebe, and Madhavi Sunder

Print publication date: 2015

Print ISBN-13: 9780199335701

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780199335701.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2021

Stolen Valor and Stolen Luxury

Stolen Valor and Stolen Luxury

Free Speech and Exclusivity

(p.121) 7 Stolen Valor and Stolen Luxury
The Luxury Economy and Intellectual Property

Rebecca Tushnet

Oxford University Press

This chapter challenges the constitutionality in the U.S. of trademark doctrines such as anti-dilution and post-sale confusion law that suppress non-false speech. It draws a compelling connection to U.S. v. Alvarez, the Supreme Court case that found unconstitutional the Stolen Valor Act, a law which criminalized the act of falsely representing oneself as the recipient of any U.S. military decoration or medal. The Court ruled that the Act's failure to require any showing of harm beyond the falsity of the representation itself rendered the law unconstitutional.

Keywords:   trademark law, free speech law, trademarks, anti-dilution law, post-sale confusion law, U.S. v. Alvarez, Stolen Valor Act

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