Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceFeaturesIntellectual PropertyTrademarks

Trademark Trial and Appeal Board's View of Parodies

By Susan A. Smith and Doyle S. Tuvesson
May 01, 2024

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).

But how does the TTAB evaluate applications for registration of parody marks? To analyze this issue, we conducted a search of all TTAB proceedings discussing "parody." Subsequently, we narrowed the results to include only parodies being used as a "source identifier" — indicating that the parody serves as "a designation of source for the person's own goods or services." See, DC Comics v. Gotham City Networking, 2012 TTAB LEXIS 196, at * 11.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan Image

In advance of Legalweek '25, a Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.

Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace Image

Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.

Is Google Search Dead? How AI Is Reshaping Search and SEO Image

This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.

While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum Image

For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.

Revolutionizing Workplace Design: A Perspective from Gray Reed Image

In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.