Legal Question in Intellectual Property in Pennsylvania
Trademark or Logo Infringement
I intend to manufacture and sell a product which uses parodies of
existing, well known product logos. My products (decorative
covers) emulate Absolut Vodka, Lifesavers candy, and Energizer
batteries to name a few. In each case the names have been altered,
and fonts and design characteristics have been changed, however
they are recognizable as spoofing the original logos. Please tell me
1. What the parameters are for product parody are.
2. How much do I need to change / what steps do i need to take to
keep myself from being liable?
3. Are there disclaimers that must be printed on my products?
thank you - T. Hasz
2 Answers from Attorneys
Re: Trademark or Logo Infringement
Thr rules for parody use of a trademark are fact driven, and the parodies you intend to make should be looked at by an attorney. Basically, it is clear that you can retain enough of the original mark to "conjure" the mark beeing parodied, and you should definitely have a disclaimer stating that you are not affiliated with the mark being parodied.
I'd be happy to discuss this with you further at your convenience. I offer a free initial consultation of 30 minutes.
Re: Trademark or Logo Infringement
You ar walking on a very dangerous ground!!!! If you are meaning to produce parodies of well known trademarks and Trade dresses (Look and Feel) which have attained secondary meaning...you will be liable as infringer for dilution of those marks. Before...I can advise you.... you need to give me each an every parody you are planning to produce and I need to compare them with these well-known registered logos, etc. My suuggestion to you is ..without infringement analysis from IP attorneys...you should refrain from this venture.
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