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Comparative and Foreign Law

BLR

Journal of the Patent and Trademark Office Society

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The Trademark Holi Wars And The Case For Protecting Religious And Cultural Symbols And Names From Commercial Exploitation, Brooke Olaussen Nov 2014

The Trademark Holi Wars And The Case For Protecting Religious And Cultural Symbols And Names From Commercial Exploitation, Brooke Olaussen

Journal of the Patent and Trademark Office Society

Abstract

A market for commercial Holi festivals has emerged worldwide, promulgated by a handful of independent entrepreneurs, and inspired by the original Holi festival – a Hindu religious and cultural holiday where the participants celebrate the arrival of spring by throwing colorful powders and dye in the air and onto each other. The commercial iterations of the Holi festival feature electronic dance music, beer and, of course, the colored powder.

The increasing popularity of such commercial Holi festivals has sparked a trademark filing war in the European Union to claim the right to the exclusive commercial use of HOLI for …