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Trademark parody and Freedom of expression – Shall we dance?

Balatska, Anna LU (2011) JAMM05 20111
Department of Law
Abstract
The Thesis’ subject, a notion of trademark parodies, by its legal nature simultaneously belongs to two branches of law – an intellectual property law and a human rights law. Thus, it falls under umbrella of ongoing debate about relations between the aforementioned ones. A chosen area of the research – trademark law – narrows viewpoints to the specific perspectives. The question about parody in law has its roots in maternal meaning of parody as literary artistic comic and critical genre. On more deep level it should be percept as part of the society’s way right to comment on surrounding environment and criticize it. In case of trademark parody it is about concerns as to the over dominating position of well- known and famous trademarks in... (More)
The Thesis’ subject, a notion of trademark parodies, by its legal nature simultaneously belongs to two branches of law – an intellectual property law and a human rights law. Thus, it falls under umbrella of ongoing debate about relations between the aforementioned ones. A chosen area of the research – trademark law – narrows viewpoints to the specific perspectives. The question about parody in law has its roots in maternal meaning of parody as literary artistic comic and critical genre. On more deep level it should be percept as part of the society’s way right to comment on surrounding environment and criticize it. In case of trademark parody it is about concerns as to the over dominating position of well- known and famous trademarks in nowadays reality. While studying intellectual property nature of parodies, the main research interest is about explore how notion of trademark parody fits the previous litigations on examinations whether “use” to be the one that will be defined as “likelihood of confusion” “trade mark dilution”. Having in mind example of US case law, that is much richer towards parodies, it is quite challenging to find the analogue in the European context. The freedom of expression argument of justifying trademark parodies is a progressive alternative that is following human rights approach. In truth, in case of being understood as part of existing doctrine of FOE, being “pure” parody, it will solve dispute without even going to IP numerous tests. Even if currently there is no case in ECHR on trademark parodies, one have to be insured that in instances of it, the Article 10 of European Convention will consider parodist as an “artist”. (Less)
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author
Balatska, Anna LU
supervisor
organization
course
JAMM05 20111
year
type
H2 - Master's Degree (Two Years)
subject
keywords
trademark parody, trademark protection, freedom of expression
language
English
id
1982205
date added to LUP
2011-06-27 13:37:04
date last changed
2011-06-27 13:37:04
@misc{1982205,
  abstract     = {The Thesis’ subject, a notion of trademark parodies, by its legal nature simultaneously belongs to two branches of law – an intellectual property law and a human rights law. Thus, it falls under umbrella of ongoing debate about relations between the aforementioned ones. A chosen area of the research – trademark law – narrows viewpoints to the specific perspectives. The question about parody in law has its roots in maternal meaning of parody as literary artistic comic and critical genre. On more deep level it should be percept as part of the society’s way right to comment on surrounding environment and criticize it. In case of trademark parody it is about concerns as to the over dominating position of well- known and famous trademarks in nowadays reality. While studying intellectual property nature of parodies, the main research interest is about explore how notion of trademark parody fits  the previous litigations on examinations whether “use” to be the one that will be  defined as “likelihood of confusion”  “trade mark dilution”.  Having in mind example of US case law, that is much richer towards parodies, it is quite challenging to find the analogue in the European context.  The freedom of expression argument of justifying trademark parodies is a progressive alternative that is following human rights approach. In truth, in case of being understood as part of existing doctrine of FOE, being “pure” parody, it will solve dispute without even going to IP numerous tests.  Even if currently there is no case in ECHR on trademark parodies, one have to be insured that in instances of it, the Article 10 of European Convention will consider parodist as an “artist”.},
  author       = {Balatska, Anna},
  keyword      = {trademark parody,trademark protection,freedom of expression},
  language     = {eng},
  note         = {Student Paper},
  title        = {Trademark parody and Freedom of expression – Shall we dance?},
  year         = {2011},
}