Parodie ochranných známek v českém právu: fenomén svobody projevu nebo prosté využití cizího úsilí?
| Title in English | Trademark Parody in Czech Trademark Law: the Phenomenon of Freedom of Expression or Simple Exploitation of Someone Else’s Efforts? |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Keywords | trademark; freedom of expression; parody; likelihood of confusion; unfair advantage of distinctiveness |
| Description | The article deals with the issue of parody in the context of trademark law. Just as humor can be expressed in different ways, so too can its meaning and purpose. In the vast majority of cases, humor will be a form of expression protected by the fundamental right to freedom of expression. Trademark owners invest considerable sums of money in creating, maintaining, and promoting a trademark (and the products or services associated with it). Parodying another’s trademark can cause damage to its owner, either to its reputation or to its distinctive character. This can occur both when the parodied sign is applied for registration as a trademark and through the simple use and dissemination of the humorous version. The article first introduces the issue of freedom of expression and parody in trademark law and then presents selected cases and examples from the Czech legal and commercial environment. The article also analyses selected cases from American trademark law, which has a much richer history of trademark parody cases and can serve as a source of inspiration for the application of the doctrines of confusion and dilution. Finally, it presents a comprehensive view of the possibilities of dealing with trademark parody cases in the Czech Republic, both from the perspective of assessing the likelihood of confusion and the unfair advantage of distinctiveness. |
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