Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute
SpicyIP
AUGUST 22, 2022
Justice Endlaw is also particularly concerned with how trademark rights are to be balanced against the public’s speech rights, and therefore on balancing the plaintiffs concerns with the public interest in ensuring expression is curtailed decides not to grant an injunction against the song. The precedent set in Consim Info Pvt.
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