Trademark Dilution & Copyright infringement: Has Parody Gone Too Far in the US Fashion Industries?

16 Pages Posted: 28 Dec 2018

See all articles by Maria Solis

Maria Solis

Queen Mary University of London

Date Written: August 25, 2018

Abstract

This paper makes a detailed analysis on how parody affects the fashion industry. In addition, the scope of this paper is to advocate the need for a better balance between parody and fashion, which can be arranged by affixing the Trade Mark Dilution Revision Act. This paper starts by making a brief analysis of the effect that the Anti- Dilution Trademark Act has on famous brands, when parody comes into play. In addition, the main verdicts of “Louis Vuitton v Chewy Vuiton” and “Louis Vuiton vs My Other Bag” are analysed in order to show two controversial points. Firstly, in most cases the Supreme Court argues in favour of parody by justifying it under the “fair use” and “freedom of speech” excuse and secondly, the paper supports the opposite argument from the Supreme Court ruling by raising the concern of abusive cases under the “freedom of speech” justification. Lastly, after calculating the legitimate interest of trademark owners and parodists, this paper concludes that the solution of this situation is affixing the Tademark Dilution Revision Act (Lanham Act).

Keywords: Fashion, Copyright infringement, Trademark Dilution, Louis Vuitton vs Chewy Vuiton, Fair Use, Freedom of Speech, Lanham Act, Maria Solis

JEL Classification: K10, K11, K19, K29, K30, K39, K40, K49, K41

Suggested Citation

Solis, Maria, Trademark Dilution & Copyright infringement: Has Parody Gone Too Far in the US Fashion Industries? (August 25, 2018). Available at SSRN: https://ssrn.com/abstract=3306431 or http://dx.doi.org/10.2139/ssrn.3306431

Maria Solis (Contact Author)

Queen Mary University of London

67 - 69 Lincoln's Inn Fields, London WC2A 3J
London, WC2A 3JB
United Kingdom

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