QUOTE(Sycamore @ Dec 17 2024, 01:30 AM)
Advertising is a very specific medium of communication. Advertisement is not a good medium to fulfill certain communication tasks.
I assume this general statement doesn't relate to the fact that it is still, simply, a form of expression, be it from individual or organization regardless of purposes.
QUOTE(Sycamore @ Dec 17 2024, 01:30 AM)
I am not talking about law and restriction on advertisement is good
QUOTE(Sycamore @ Dec 17 2024, 01:30 AM)
I think we need to understand why is advertising regulated from the first place.
You may believe it is out of fairness. I believe the degree in which it's being regulated stems from a society with cultural and political restriction.
QUOTE(Sycamore @ Dec 17 2024, 01:30 AM)
The 'use' of trade mark is also a very specific principle to consider. Trade mark has its purpose and not every mentioning of a mark is an infringement.
Ambiguous point, but no need to split hair. Trademark law allows mentions outside "trademark use," in reality, businesses here avoid mentioning competitors or sharing critical opinions in ads due to fear. The question is where does this fear come from? The line between "mentioning" a mark and "using" it can also be blurred, making highly regulated trademark law a pretty good tool for advocating people to just STFU. If I contrast this to the US, you'll learn that their regulator FTC (Federal Trade Commission) even encourages comparative advertising.
QUOTE(Sycamore @ Dec 17 2024, 01:30 AM)
so far, I don't see 'opinions and truthful statements about a mark' 'to keeping public informed' outside of 'trade mark use' in an 'advertisement' are compromised in terms of freedom of speech.
Not that uncommon.
An environmental organization called Save River was sued by a logging company in Miri, for the #StopTheChop campaign and their statement audited turns out to be true. Even though eventually, the big corporation decided to withdraw their lawsuit for whatever reason, it happened.
https://www.business-humanrights.org/en/lat...pp-co-responds/Or something closer to a for-profit creative commercial. A lawsuit filed against McCurry restaurant that was never a mark infringement to begin with.
https://theedgemalaysia.com/article/counsel...-tussle-mccurryYou take away the commercial context and look purely at expression, we're left with people's ideas and opinions stifled on a large or individual level, not just from regulation, but also out of fear for the consequence here.
QUOTE(Sycamore @ Dec 17 2024, 01:30 AM)
There are many 'commercial settings' where you can express your 'opinions and truthful statements about a mark' 'to keeping public informed'.
Sure