The parody defense against trademark bullies: analysis of the Louis Vuitton vs. Mob Case
| Autor | Daniela Molano Lozano |
| Cargo | Candidate to Law Degree at Universidad Externado de Colombia and research assistant on the Intellectual Property Department of the same University. Bogotá, D. C., Colombia |
| Páginas | 213-221 |
213
the ody defene gint tdek
buie: nyi of the oui uitton
. ob ce
daila la lza*
(ach aitat itllctual ppty,
uivity xtad f clbia)
introduction
Legal protection of intangible assets related to intellectual property has suffered
a substantial increase by the respective right holders, who are fiercely guarding
them and willing to use every legal tool available in order to have their rights
respected. This situation is completely expected and understandable if we take
into consideration that in recent years it has been proven that these assets are the
most valuable ones, in comparison to traditional tangible assets. As a result, litiga-
tion cases regarding disputes on intellectual property matters are in the center of
attention in the legal world. In the present note, we intend to discuss parody1 as
an exception – or defense – to allow the use of copyrighted works or protected
trademarks by unauthorized parties. Precisely, we are going to approach parody,
taking in consideration the case Louis Vuitton Malletier S.A. v. My Other Bag Inc.,
156 F. Supp. 3d 425 (S.D.N.Y. 2016).
According to the Oxford Dictionary, parody has two main meanings, the first
one defines it as: “An imitation of the style of a particular writer, artist, or genre with
deliberate exaggeration for comic effect” while the second one states that parody
is: “An imitation or version of something that falls far short of the real thing; a
travesty”2. As it was correctly pointed out by Sakulin Wolfgang “while copyright
* Candidate to Law Degree at Universidad Externado de Colombia and research as-
sistant on the Intellectual Property Department of the same University. Bogotá, D. C.,
Colombia. doi: https://doi.org/10.18601/16571959.n24.10
1 Definition of parody: Parody is simultaneously humor, a form of commentary, a
social critic and an ancient art, with the potential to shock or offend its readers. mead,
Frank. Cocaine, coffee mugs, sex, and bug killing floor wax: Welcome to the realm of
parody and the likelihood of confusion. Thomas Jefferson Law Review. San Diego: Thomas
Jefferson School of Law, 1999, 21, p. 305. issn: 1090-5278.
2 Definition of parody according to the Oxford Dictionary. Available at https://
en.oxforddictionaries.com/definition/parody
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