IP Quarterly Newsletter - July 2023

The parody exception in trademark law - should we laugh or should we be offended?

The area of intellectual and industrial property faces a sensitive balance between protecting the property rights of trademark owners and ensuring freedom of expression for producers, artists, and creators. Trademark law aims to protect the distinctive character of a trademark, to prevent the likelihood of confusion between trademarks, and to protect the goodwill of trademark owners. Traditionally, unauthorized use of a trademark is considered a violation of trademark rights. As a form of artistic expression that humorously imitates or satirizes well-known trademarks, parody has long been a question in trademark law.