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.

Dilution Law

Dilution is when another trademark would infringe on your trademark’s reputation or identity. This can occur even without a finding of likelihood of confusion. The goal of dilution law is to prevent damage to a trademark owner based on the name. The two main forms of dilution are blurring and tarnishment. Blurring occurs when a trademark would weaken the standing of a registered trademark by “blurring” the mental image consumers and others have when they think of the registered mark. This has the potential to diminish the mark’s uniqueness. Tarnishment is when a registered trademark could be linked to other products which would harm the way the mark is perceived. An example could be low quality or unsavory goods. The goods do not need to be related to tarnishment. There are many other factors to be considered as well such as fame of the mark and recognition, distinctiveness, and degree of similarity.

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