Parody in Trademark Matters

ATTENTION : Cette activité se déroulera en FRANÇAIS / This activity will be conducted in FRENCH.

Under U.S. law and jurisprudence, the exception of “fair use” authorizes the use of a “parodied” trademark if it is for purposes of criticism, news reporting, teaching or research, even if it would otherwise be considered as infringement. That said, the U.S. Supreme Court recently ruled in the long-awaited case of Jack Daniels v. Bad Spaniels on the limits of the fair use exception.

In Canada, while satire and parody are protected by freedom of expression and constitute exceptions under copyright law, what about trademark law? To what extent sense of humor or parody can circumvent the rights of trademark owners?

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