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The Luxury Economy and Intellectual PropertyCritical Reflections$
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Haochen Sun, Barton Beebe, and Madhavi Sunder

Print publication date: 2015

Print ISBN-13: 9780199335701

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780199335701.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2021

Parody as Brand

Parody as Brand

(p.93) 6 Parody as Brand
The Luxury Economy and Intellectual Property

Stacey L. Dogan

Mark A. Lemley

Oxford University Press

Parodies make fun of an object by copying enough of it to make it recognizable while subverting the message of the original. Some people turn to intellectual property (IP) law in an effort to suppress those parodies. This chapter examines why, and in what circumstances (if any) lead courts can and / or should find parody illegal. It argues that, despite increasing attention being given to speech interests in recent years, the law's treatment of parody reflects too much uncertainty, leaving would-be parodists vulnerable to threats of legal action by trademark holders. In particular, given the flexibility of the likelihood of confusion analysis, the fate of parodists is usually determined by the subjective judgment of courts, whose treatment of parody often seems to turn on instinct rather than trademark principles. The chapter suggests some doctrinal tools that offer greater predictability and quicker resolution of parody cases, while avoiding some of the shortcomings of more traditional infringement analysis.

Keywords:   parodies, brands, trademarks, parody, intellectual property law

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