But simultaneously, brands require protection to provide the public with all the benefits they desire. The public has an important interest in being able to discuss, portray, comment on, criticize, and make fun of brands without fear of repercussions. While such a rise in trademark registrations has many benefits, it also comes with the hefty concern of limiting the public’s freedom of expression. To illustrate, 92,608 trademark applications were filed from December 2019 to December 2020 alone-an increase of 172% over the previous year. And the rise in registration and value of brands have only added to the problem. Walking these fine lines presents an extremely difficult problem for trademark law. When dealing with brands, consumers should be able to expect freedom of choice but not anarchy. ![]() Nearly six in ten consumers worldwide express a preference for sticking to brands they know, even when the brand dabbles in producing a new product. Thus, what drives consumer spending-and what consumers expect-is incredibly important. Money talks, especially in the ravenous environment of the U.S. The Differentiation: Commercial Use Defined The Loophole Problem: An Infringer’s Wildest Dream
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