The matter settled without judicial determination, with parody brand creator Jimmy Winklemann agreeing to cease using The South Butt. Points of parity are elements that a brand needs in order to be considered in the eyes of the consumer.
PARODY FAIR-USE DEFENSE: OH, PRETTY WOMAN. Parody as Brand Stacey L. Dogan†* & Mark A. Lemley** ... definition of a parody. Nonetheless, owners of famous brands have attempted to press their claims, most notably in the US case involving the parody brand, The South Butt (a parody of The North Face). 1.
This is where a brand may have similarities to others—leading consumers to believe that brand is “good enough” to be included in the conversation. Oh, Pretty Woman is a rock ballad written by Roy Orbison and William Dees. The United States Supreme Court in Campbell v. Acuff-Rose Music, Inc. (1994) stated in no uncertain terms that a parody as a form of criticism or comment could be fair use of a copyrighted work. In this case, however, The South Butt was clearly being used as a badge of origin. C'est que la parodie nous délivre d'admirer les autres, au lieu que la comédie nous délivre de nous admirer nous-mêmes; et ajoutez que la parodie ne distingue point et livre au ridicule tout un homme, alors que la comédie sauve celui qui rit par le rire; ainsi la comédie ne va point contre le respect, mais la parodie y va toujours... Alain, Beaux-arts, 1920, p.168. A parity product is a brand of good that has enough similarities with other brands of the same good type that it can easily be substituted.
474 University of California, Davis [Vol. ‘It parodies the kind of picture that could advertise the brand name of such a product on an 18 th-century candy box.’ ‘I'm no purist, but I think if you're going to parody the greatest writer in the English language, your takeoff should at least be well written, and stay a lot closer to the form that inspired it.’
A parody advertisement should not be confused with a fictional brand name used in a program to avoid giving free advertising to an actual product, or to the use of a fictional brand name in an actual advertisement used for comparison, which is sometimes done as opposed to comparing the product to an actual competitor.
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