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. Additionally, where trade-mark registration does not cover classes where NFTs would fall, how would common-law passing off actions stand to protect mark-owners? The precedent set in Consim Info Pvt.
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