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A little Consideration on the Legal Handling of Parody Trademarks in the US With regard to Freedom of Expression under the Constitution

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(3), pp.97-128
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 25, 2022
  • Accepted : August 23, 2022
  • Published : August 31, 2022

Lee Keon Su 1

1백석대학교

Accredited

ABSTRACT

As lawsuits are increasing due to disputes over the use of parody trademarks, interest is increasing academically. In neighboring Japan, parody trademark discussions are actively taking place. However, in Korea, there is no research in this field from a legal point of view. This article introduces the case law and controversy over the ‘parody trademark’ in the United States, and examines the approach that should be applied to our legislation. In the advertisement, the element of being an invisible audience to the reader is fatal. Nothing is more fickle and tricky than the reader of an ad to the sender of an ad. In order to stop these readers and transform them into avid ad readers, what can we expect from an ad design perspective? When considering the efficiency of advertising communication, pay attention to a design technique called ‘parody,’ which is one of the effective methods, and consider what problems arise when ‘parody advertisements’ in actual advertising expressions are used and I will saw how to solve them. Parody is the original authority and humor exists as booing and ridicule about the original, but some kind of poison always lurks there. However, as I have been considering the advertising design parodies, instead of poison, humor and bright impact are conveyed to the fore. I think this is the characteristic of parody through advertising design. However, not only does the other party feel well, but in the case of commercial advertisements, it can directly affect the preferences or sales of products, which always implies legal dispute. In the background of the parody characteristics that can only be expressed in such advertising expressions, the main mission of the advertisement is ‘advertising is to draw the life of tomorrow’s dream.’ This article aims to clarify the reasons why parody advertisements in the United States arose in legal disputes, and on what criteria the court proposed dispute resolution.

Citation status

* References for papers published after 2022 are currently being built.