Parody as Brand

@article{Dogan2012ParodyAB,
  title={Parody as Brand},
  author={Stacey L. Dogan and Mark A. Lemley},
  journal={Social Science Research Network},
  year={2012}
}
Courts have struggled with the evaluation of parody under trademark law. While many trademark courts have protected parodies, there are a surprising number of cases that hold obvious parodies illegal. The problem is particularly severe with respect to parodies that are used to brand products, a growing category. The doctrinal tools that generally protect expressive parodies often don't apply to brand parodies. Our goal in this paper is to think about what circumstances (if any) should lead… 
1 Citations

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References

The Public's Domain in Trademark Law: A First Amendment Theory of the Consumer

First Amendment theories of trademark law tend to focus on the need of speakers to employ trademarks in creating new speech — in parodies, comparative advertising, and other ccommunicative endeavors.