Tag: Trademark Dilution

Laugh It Off: A Guide to Parody Under U.S. Trademark Law

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Imagine poking fun at a famous brand or logo and getting away with it. In the United States, it’s not only possible, but can also be a recognized form of artistic expression known as trademark parody. Trademark parodies are a form of humorous or satirical commentary that uses a well-known trademark in a playful or critical manner. But typically, the target of that humor or satire is not amused.  Companies invest a lot of time, effort, creativity, and resources into building their brands and creating positive associations with their trademarks. Thus, if a famous brand owner believes that the use of its trademark by a third party may damage its reputation, the company could take legal action against a parody mark to protect its image and trademark rights.

In this post, we will explore what constitutes a trademark parody and when it crosses the line of trademark infringement or dilution (which occurs when the recognition of a distinctive trademark is weakened due to unauthorized use by others).

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2020 Brings (Some) Clarity to Trademark Profit Awards

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Nearly a year ago, we previewed the U.S. Supreme Court’s then-upcoming decision in Romag Fasteners, Inc. v. Fossil Group, Inc.—a case set to provide some much needed clarity on the question of whether plaintiffs in trademark infringement cases must demonstrate that defendants acted willfully in order for plaintiffs to recover defendants’ profits.

Justice Gorsuch delivered the opinion of the Court resolving the circuit split on this issue and holding that a plaintiff alleging trademark infringement under § 1125(a) of the Lanham Act is not required to prove willful infringement as a precondition to recovering lost profits. The Court reasoned that the clear and unambiguous language of the Lanham Act’s remedies provision only requires a precondition of willfulness when awarding profits for trademark dilution under § 1125(c), not trademark infringement under § 1125(a).  The Court was careful to note that willfulness, though not a precondition to awarding profits, remains an important factor a court should consider when assessing damages.  It simply is not, however, an “inflexible” threshold inquiry.

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