What is your interest in the topic of parody and why did you decide to moderate this session?
I think parody is a fascinating topic because—besides the fact that it is very interesting from an academic point of view, given its intrinsic versatility, both from a case law perspective and from a jurisdictional viewpoint—parody is dynamic and current, due to new technologies and trends… plus, it is literally very entertaining!
Why do you think it is an important issue for trademark practitioners now?
I think parody is a very important issue for trademark practitioners since parodies usually occur with protected IP rights—and frequently very well-known IP rights. The issue is that there is a very thin line between what is considered fair use and what is deemed as an infringement, and many don’t know this, even trademark practitioners. At any point the trademarks that we protect may be subject to this frequent practice, so we must know about it … besides, in our daily life we are more exposed to parodical practices than we think!
Do you think the law on this issue varies much between jurisdictions and if so is that a problem?
Unlike what happens with many aspects related to trademarks—whose standards are more or less consistent worldwide—the conception and thus, the protection of parody does vary among jurisdictions, and one of the reasons for this is based on precedent (this is even applicable in; many civil law countries). More than a problem, I see this as a challenge and an eventual wakeup call to trademark practitioners, because they need to be updated with the current legal standpoints in their jurisdiction(s) of interest, to be able to effectively protect their own or their clients’ trademarks, or on the other hand, to avoid committing trademark and/ or copyright infringements.
What will the speakers be covering during this panel? Are there any particular cases or examples you will discuss?
The speakers will mention several parody cases in different jurisdictions, evidencing the multifaceted nature of parody and its many spectrums of protection. It will be very amusing.
CM20 What is Parody? takes place from 11:45 am to 1:00 pm today.
