Suing A Parody

Companies that have a mind to sue over parodies of their brands are unlikely to win. On the other hand, says law professor William McGeveran, there is a good chance your cease-and-desist letter, and the prospect it raises of having to litigate, will have its desired effect. It’s an effect that will be enhanced by a prevailing false narrative about mark holder success in parody cases. He says the false message is often conveyed by scholars and commentators who continue to emphasize precedents before what really was a seminal case: Campbell v. Acuff -Rose Music, Inc., in 1994. Since then, he writes, it’s been clear that parody has a lot of room. “Shout the truth from the rooftops,” he concludes. “Markholders who sue legitimate parodies lose.” Even if you aren’t thinking of suing or getting sued, this article is a good read and sheds light on some of the most interesting cultural developments of the past two decades, from rap music to The Daily Show.