Under the Federal Trademark Dilution Act of 1995, a person can be held to have infringed upon a trademark for "tarnishing" it by using it in a negative context. The famous example is a case in which the slogan "Enjoy Cocaine" was used in Coca Cola's distinctive script and was judged an infringement without the more typical trademark litmus test of creating confusion in the marketplace.
"Parody under the law doesn't magically fend off trademark infringements," said Gregory Phi
they have, and you may also note that the post you reply to refers to a parody case in which the parody was done in the style of the parodied trademark, just as (in my not-a-lawyer opinion) "the new white meat" is being in the style of "the other white meat". That said, in my same non-lawyer opinion, parody should be a defence against trademark infringement just as it is copyright infringement.
However, after seeing this ad, I was going to go out and buy some pork. But then I saw the stupid C&D and have now decided to boycott all pork. And I'm sure my Jewish and Muslim friends will join in.
Parodies of trademarks are not protected (Score:4, Informative)
Re: (Score:2)
can't believe no one has pointed this out yet
-I'm just sayin'
Re: (Score:2)
Re:Parodies of trademarks are not protected (Score:2)