LEGAL PROBLEMS ON PARODY IN TRADEMARK LAW

Abstract

The problems with the infringement in the Intellectual Property are significant legal issues to be concerned. They are not only a problem for the victims but also a global issue in a broad picture. Trademarks are a type of intellectual property which serves as an essential tool in world trade, as it refers to the source of goods or services that the consumers use to trace back to the producers. The link between the consumers and producers is an important connection. The intellectual property law, therefore, aims to protect and maintain such connection and make it long-lasting.

As there are many brands of goods or services competing in the market. Each producer, hence, requires a part or share in the market for his/her own product. Parodying trademark may also be another way to attract attention to the brands.

However, the purpose of parodying is to convey a message from the parodist to the public, in relation with the subject of parodying and in the area of trademark, to take other person’s trademark and use e.g. parodying may increase the risk of infringement claims. Trademark parody usually takes a significant part of the original mark to refer back to the senior mark.  

Legal analysis is required on whether or not parodying trademark is an act of infringement? The studying on the parodying trademark is conducted through the reviewing law articles, cases from the foreign countries in comparison to Thai Laws and searching electronic databases.