The Parody Defense Post-Louis Vuitton

Law360, New York (June 23, 2011, 2:02 PM EDT) -- In 2007, the Fourth Circuit seemed to breathe new life into parody as a defense to trademark infringement in the case of Louis Vuitton Malletier SA v. Haute Diggity Dog LLC.[1] Since then, parody has been raised as a defense in a variety of trademark infringement cases to varying success.

A parody, for trademark purposes, is “a simple form of entertainment conveyed by juxtaposing the irreverent representation of the trademark with the idealized image created by the mark's owner.”[2] This article considers decisions involving the parody...
To view the full article, register now.