Protection for Parodies

, The National Law Journal

The 4th Circuit last year upheld the dismissal of a challenge to a parody of the trademarks of a luxury goods marketer. Its Vuitton decision is the first appellate opinion to consider trademark parody since the 2006 enactment of the Trademark Dilution Revision Act. Although the court analyzed each of the statutory factors for blurring claims, it placed great weight on its finding that the defendant had produced a successful parody — the same finding that motivated dismissal of an infringement claim.

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