Jesus and Maria advertisements violating the public morals

Advertising is legally protected by the constitutional right, freedom of speech. However, can this freedom be limited if certain advertising is harmful or insulting to certain religious groups? This question arises regarding the campaign of the Lithuanian clothing company, Sekmadienis. On the posters there is a man accompanied with the text: “Jesus, what a trousers!”, another poster shows a woman with a bead and the text “Maria, what a dress!” and on the last one Jesus and Maria together with the text: “Jesus Maria, what are you wearing!”

The Catholic church and a hundred others filed a complaint against the advertisements. In first instance, the campaign is prohibited for violating the public morals. Sekmadienis receives a fine of 580 euro, but appeals the decision at the European Court of Human Rights. The Court declared that the advertisements are not unnecessarily offending or insulting, neither do they incite hatred. Furthermore, it is not motivated clearly why the use of religious symbols is violating public morals. The freedom of speech of Sekmadienis prevails and the state has to reimburse the fine.

advertising-law



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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?