05/29/2026
In light of the viral lawsuit between Patagonia® and drag queen Pattie Gonia, it’s time to bring back this article about parody and trademarks. 👇
“A parody must convey two simultaneous – and contradictory – messages: that it is the original, but also that it is not the original and is instead a parody.” Cliff Notes, Inc. v. Bantam Doubleday Dell Publishing, 886 F.2d 490, 494 (2nd Cir. 1989)
Q: Can I use a trademark for parody?[1] A: Yes, if the interests of free speech outweigh the rights of the trademark owner.[2] WTF: What’s that mean? OK: Maybe some examples will help. It was OK fo…