[rtkwe]

That 'consideration' is drawing a line though. Where when two 'absolute' rights come into conflict does the decision to break one way or another get made? Choosing one over the other draws a limitation around the one that's less important in this context.

We have all sorts of restrictions on the right of free speech. I can't libel someone, I can't make a product and say it's the product of another company, I can't open a random burger place and call it Wendy's. These are all restrictions on my speech and (as far as I've ever seen) even the most ardent free speech activist isn't saying abolish trademarks.