Trademark Parody in Light of the Legal System

This work leads the reader to learn about situations that, by virtue of free expression, give way to creations called ＂parodies ＂1 of trademarks, being these facts generators of conflicts between the owner of the trademark and the one who intends to take advantage of this intangible asset without the authorization of its owner. For Dessemontet, parody is ＂a burlesque representation of an existing work for the purpose of criticism＂, the best known form being literary satire. This author identifies three characteristic elements of parody: 1. It satirizes the work from which it is inspired. There is an economic effect, but it is not similar to that resulting from plagiarism because there is no direct exploitation of another work that displaces that of the original work; the second creation does not replace the first. 3. It must be a creation with its own originality, even if it must be recognized as the parodied work. The essential of the parody is to appear to the public as an original work, which does not generate confusion between the parodied work and the creation inspired by it, being the border between both works more difficult to determine than it seems (Bugallo Montaño, (2014).