The System Of Parody In Trademark Law

Parody was originally used only in the copyright law, It is often imitate the substantive content of the original work or its main artistic style, and use the means of exaggerated comedy of art create specific works, its main purpose is to criticize or satire the original work. Trademark was originally used to distinct the source of goods or services, but with the continuous development of socio-economic and cultural, it breakthrough the original function of identification, more and more become a symbol of social culture and embodies rich cultural content, Especially the well-known or famous trademark, its symbolic role is stronger, so mark more and more become the object of parody. Trademark parody cases are more in foreign countries, particularly in developed like United States.In this paper, issues raised are based on a very typical case of the United States, and thus provide some legislative proposals for our country to how to regulate trademark parody at present. The main structure of this paper is as followsIn first chapter some issues derive from a classic American case of Mattel v. MCA are proposed; The main idea of the second chapter is overview of trademark parody. This chapter focuses on the background, meaning and characteristics of parody as well as theoretical basis and composition elements for parody; The contents of Chapter three is the type of trademark parody. The mainly content of this chapter is classify trademark parody through the different criteria and analyze the composition elements of different types of trademark parody; The mainly content of fourth chapter is describe the relevant legislation on parody of United States as well as the process of continuous improvement for parody system of the United States. The mainly content of Chapter five is propose the legislative proposals and ideas for China's trademark parody, analysis the necessity to establish of trademark parody in our China, and how to build a system of trade mark parody.Trademark occupies more and more important position in socio-economic and cultural. along with it Trademark Law plays an increasingly critical role also.Trademark Law need to be found on national conditions, development of the times and the further improved in order to promote China's social stability, economic prosperity and cultural prosperity!...