What is a parody?

A parody is when a registered trademark is imitated by another party on the grounds of humor. Even on this ground, if the mark is too similar and may cause likely of confusion then it could still be infringement. Parody is not the same as fair use as a parody defense is an argument against likelihood of confusion unlike fair use. Parody is balance between the public interest of allowing jokes and the rights of a rights of the owner of a registered trademark. The owner’s goodwill and investment must still be protected. It will be more difficult to defend a parody trademark that is used to competitively sell a product. A parody trademark used only for humor, entertainment, or criticism is more likely to be permissible. It is also important for a parody trademark to not cause dilution. If it tarnishes the reputation of the registered trademark, then dilution may be argued. Goodwill will also be looked at to see if the intent was to amuse the public or confuse potential customers.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.