Disobbedienza semiotica e plusvalore espressivo dei marchi. Epifanie di una comparazione critica nell'agenda europea

This essay examines the tension between trademark protection and freedom of expression through the notion of semiotic disobedience. This concept is understood as a critical and creative practice in which social, political, and cultural actors re-appropriate and recode commercial signs. The analysis begins with the strategic yet legally invisible case of “Aspirin.” This example illustrates the distortions produced by the expansion of exclusive rights and the aggressive strategies of successful brand owners. It shows that trademarks, in addition to their distinctive and economic function, also possess a semiotic and expressive value. They convey social and cultural meanings that should not be entirely subordinated to proprietary logic. A critical-comparative approach highlights the evolution of the European regulatory and jurisprudential framework. The essay discusses emblematic cases decided in France and in the Benelux, where courts have progressively recognized the legitimacy of expressive uses, particularly in political and artistic contexts. The central argument is that semiotically disobedient uses are legitimate when they succeed in balancing industrial property with fundamental rights. Foremost among these is freedom of expression, but other rights may also be relevant. In this way, the democratic and inclusive function of signs within public discourse can be preserved.