Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute
SpicyIP
AUGUST 22, 2022
Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. Though the text of the Act does not use the terms dilution, tarnishment, blurring or free-riding, the text of section 29(4), along with caselaw makes it abundantly clear that such acts are actionable in Indian courts.
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