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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Non-fungible tokens (‘NFTs’) have occupied a significant space in current legal discourse, in no small part due to the numerous legal questions that have emerged in their wake. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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