Trademark Parody: Infringing Trademark Owner’ s Rights or Consistent with Freedom of Speech Principle? (Comparative Study)

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BAKHTIARVAND MOSTAFA; Arabi Jeshvaghani Motahareh

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Journal: COMPARATIVE LAW REVIEW Year:2018 | Volume:9 | Issue:1 Page(s): 47-65

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Information Journal Paper

Title

Trademark Parody: Infringing Trademark Owner’ s Rights or Consistent with Freedom of Speech Principle? (Comparative Study)

Author(s)

BAKHTIARVAND MOSTAFA | Arabi Jeshvaghani Motahareh | Issue Writer Certificate

Keywords

CriticismQ1

exclusive rightsQ1

infringement actionQ1

dilution actionQ1

freedom of speechQ2

Abstract

Trademark parody which has been recognized as an example of freedom of speech is a means to comment on products introduced by trademark. In this type of imitation, inspired by the original trademark, a humorous form of it is drawn in order to convey a specific message to the reader. Here, the benefits of three groups are at stake: trademark owners who enjoy exclusive rights; parodists who enjoy freedom of expression, and the public who are entitled to benefit from the results of parody. In the law of the Unites States and countries such as France and Germany, case law has played a significant role in balancing these conflicting interests. Similarity between the parodied trademark and parody and the specific effect of parody on the trademark have led trademark owners to bring infringement and dilution actions. In the Iranian law, there is no specific provision as to trademark parody. However, principle 24 the Iranian Constitution concerning freedom of expression is a suitable basis for recognizing trademark parody. In this paper, it has been suggested to provide for parody in laws as an exception to trademark owners exclusive rights and to declare its boundaries.

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APA: Copy

BAKHTIARVAND, MOSTAFA, & Arabi Jeshvaghani, Motahareh. (2018). Trademark Parody: Infringing Trademark Owner’ s Rights or Consistent with Freedom of Speech Principle? (Comparative Study). COMPARATIVE LAW REVIEW, 9(1 ), 47-65. SID. https://sid.ir/paper/246316/en

Vancouver: Copy

BAKHTIARVAND MOSTAFA, Arabi Jeshvaghani Motahareh. Trademark Parody: Infringing Trademark Owner’ s Rights or Consistent with Freedom of Speech Principle? (Comparative Study). COMPARATIVE LAW REVIEW[Internet]. 2018;9(1 ):47-65. Available from: https://sid.ir/paper/246316/en

IEEE: Copy

MOSTAFA BAKHTIARVAND, and Motahareh Arabi Jeshvaghani, “Trademark Parody: Infringing Trademark Owner’ s Rights or Consistent with Freedom of Speech Principle? (Comparative Study),” COMPARATIVE LAW REVIEW, vol. 9, no. 1 , pp. 47–65, 2018, [Online]. Available: https://sid.ir/paper/246316/en

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