The Regulation Of Parody In Trademark Law

The main function and the original function of trademark is to distinguishdifferent sorce of goods and services. But after a long evolution, especially the rapiddevelopment of society and economy for nearly100years, trademark is no longermerely used to distinguish the source of goods and services, more evolved into a richcultural connotation implied social phenomenon. In the United States and Europe, bytrademarks comments and even satire to comment on culture and values behind thetrademark irony behavior is very common, using funny humorous approach tocomment&irony the culture behind trademarks and to express different points ofview of is the most common way. The trademark parody often involve issues oftrademark infringement, due to parody’s own characteristics, parody is oftenassociated with trademark confusion and trademark dilution. In the United States andEurope, cases of trademark parody be sued for trademark infringement are verycommon. In recent years, such cases also have been appeared in our administration ofjustice, but Chinese trademark law does not have the provisions of trademark parody,this leads to the fuzzy of the boundary between the trademark and the right to freedomof expression. Therefore, this paper will be basic on the analysis of China and theUnited States on parody cases, combined the legislative experience of trademarkparody of United States, to discuss that how to legally regulate the trademark parody&how to use the related regulation of trademark law in trademark parody cases.