Overview
This lecture covers First Amendment defenses to trademark infringement, focusing on parody, artistic use, and related legal cases. It explains how courts balance trademark rights with freedom of expression and provides real-world case studies and assignments.
First Amendment Defenses in Trademark Law
- Parody is protected under the First Amendment as a form of free expression, even if trademark owners dislike it.
- Parody involves using a recognizable trademark in a way that both references and distinguishes itself from the original.
- Courts assess if the parody is likely to cause confusion or merely pokes fun at the trademark.
- Not all uses of trademarks in parody are automatically protected; lack of consumer confusion is key.
- Satire differs from parody; parody specifically targets the original work, making it more likely to be protected.
- The Rogers test is commonly used to balance trademark rights with freedom of expression in artistic works.
Key Case Examples
- Louis Vuitton v. Haute Diggity Dog: Parody (Chiwitton dog toys) ruled not to dilute or confuse consumers about Louis Vuitton marks.
- Mattel v. MCA (Barbie Girl): Song "Barbie Girl" protected as commentary on cultural values, not just commercial use.
- Dr. Seuss v. Penguin (Cat Not in the Hat): Parody of Dr. Seuss on O.J. Simpson case evaluated; satire and parody treated differently.
- University of Alabama v. New York Life: Artistic depiction of trademarks in paintings ruled as fair use under the Rogers test.
- Rogers v. Grimaldi: Established test for balancing consumer confusion with artistic relevance in trademark use.
Real-World Implications
- Courts consider both the public interest in avoiding confusion and the public interest in free expression.
- Companies risk negative PR if they aggressively pursue parody cases and appear as "bullies."
- Prolonged litigation can deter artists, even if they might ultimately win under the law.
Class Activity & Examples
- Students are assigned to find and create their own case study involving trademark parody or similar use.
- Examples include jewelry and candles mimicking famous brands and restaurants using parody names.
Key Terms & Definitions
- Parody — Use of a trademark to humorously imitate or comment on the original, protected by free speech.
- Satire — Broader social commentary, may not specifically target the original work.
- Dilution — Weakening the distinctiveness of a famous mark.
- Rogers Test — Legal test balancing artistic relevance and potential to mislead consumers in trademark use.
Action Items / Next Steps
- Watch the three assigned videos for practical examples.
- Find or create a case study of a trademark parody and formulate problem questions.
- Review the class materials and, if interested, read relevant legal opinions in the open-access textbook.