Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 2015 The Imaginary Trademark Parody Crisis (and the Real One) William McGeveran University of Minnesota Law School,
[email protected] Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation William McGeveran, The Imaginary Trademark Parody Crisis (and the Real One), 90 WASH L. REV. 713 (2015), available at https://scholarship.law.umn.edu/faculty_articles/614. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. 10 - McGeveran Returned Final Review.docx (Do Not Delete) 6/3/2015 1:28 PM THE IMAGINARY TRADEMARK PARODY CRISIS (AND THE REAL ONE) William McGeveran* Abstract: In the two decades since the Supreme Court protected a crude rap spoof from copyright liability in Campbell v. Acuff-Rose Music, Inc., courts have grown to understand the great value of parodic expression in trademark cases as well. Today, plausible claims of parody almost always prevail over trademark rights in judicial rulings. This Article demonstrates that it is simply wrong to suggest, as commentators often do, that we face a crisis in the results of trademark parody cases. That distortion is harmful because it distracts reform efforts and it lends credence to overbroad assertions of trademarks against parody and other speech. Demand letters and other pre-litigation maneuvering by markholders exemplify the real crisis in the law of trademark parody.