In trademark parodies, there is a fine line between what is considered a First Amendment right to freedom of speech and what constitutes an unlawful appropriation, or trademark infringement. Current judicial decisions have been inconsistent across the different jurisdictions, thus making it unclear to parodists as to what may be lawfully appropriated when creating their parodies. This comment proposes that a new balancing test be used that is specific to trademark parodies. This new test will help to create more concrete guidelines that will reduce the amount of subjectivity that is currently used in trademark parody analysis
This Note explores how the Fifth Circuit limited the legal boundaries of parody in the context of tr...
Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft ...
Sweeping assertions of exclusive trademark rights in brand names and images have a pernicious chilli...
Courts have struggled with the evaluation of parody under trademark law. While many trademark courts...
Parodies have long provided many of us with amusement, entertainment,and sometimes even information....
The copyright fair use test balances the copyright holder’s right to exclude others from using its w...
Comedian Nathan Fielder opened a coffee shop which looked like a Starbucks, but he put the word “dum...
The First Amendment right to free speech limits the scope of rights in trademark law. Congress and t...
When approaching the topic of parody, questions usually arise as to the boundaries between parody an...
Although parody is a meritorious form of literary expression, parodists are often subject to allegat...
In the two decades since the Supreme Court protected a crude rap spoof from copyright liability in C...
An article focusing on a copyright decision initially may appear out of place in the pages of The Tr...
The Thesis’ subject, a notion of trademark parodies, by its legal nature simultaneously belongs to t...
Artists and other creators of expressive works often include trademarks and trademarked products as ...
Criticism has long been grounds for fair use status. This comment argues that parody\u27s value, and...
This Note explores how the Fifth Circuit limited the legal boundaries of parody in the context of tr...
Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft ...
Sweeping assertions of exclusive trademark rights in brand names and images have a pernicious chilli...
Courts have struggled with the evaluation of parody under trademark law. While many trademark courts...
Parodies have long provided many of us with amusement, entertainment,and sometimes even information....
The copyright fair use test balances the copyright holder’s right to exclude others from using its w...
Comedian Nathan Fielder opened a coffee shop which looked like a Starbucks, but he put the word “dum...
The First Amendment right to free speech limits the scope of rights in trademark law. Congress and t...
When approaching the topic of parody, questions usually arise as to the boundaries between parody an...
Although parody is a meritorious form of literary expression, parodists are often subject to allegat...
In the two decades since the Supreme Court protected a crude rap spoof from copyright liability in C...
An article focusing on a copyright decision initially may appear out of place in the pages of The Tr...
The Thesis’ subject, a notion of trademark parodies, by its legal nature simultaneously belongs to t...
Artists and other creators of expressive works often include trademarks and trademarked products as ...
Criticism has long been grounds for fair use status. This comment argues that parody\u27s value, and...
This Note explores how the Fifth Circuit limited the legal boundaries of parody in the context of tr...
Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft ...
Sweeping assertions of exclusive trademark rights in brand names and images have a pernicious chilli...