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Trademark Trial and Appeal Board's View of Parodies
While most trademark-related lawyers are familiar with the "Bad Spaniels" and "Chewy Vuitton" federal court decisions on trademark parody, decisions by the U.S. Patent and Trademark Office's (USPTO) Trademark Trial and Appeal Board (TTAB) on trademark parody marks are rarely examined.
The U.S. Court of Appeals for the Fourth Circuit determined that "Chewy Vuitton" dog toys effectively parodied the iconic "Louis Vuitton" luxury handbags. See, Louis Vuitton Malletier v. Haute Diggity Dog, 507 F.3d 252 (4th Cir. 2007). The court found no likelihood of confusion, emphasizing that "an effective parody will actually diminish the likelihood of confusion." Over a decade later, the U.S. Supreme Court stated that the First Amendment does not grant trademark parodies a safe harbor from infringement claims. See, Jack Daniel's Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023).
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