Well you don’t need permission to produce a parody, but realize that parody is a _defense_ once you’ve been sued for copyright infringement, and that permission from that possible claimant avoids that concern.

While both parody and satire use humor as a tool to effectuate a message, the purpose of a parody is to comment on or criticize the work that is the subject of the parody. By definition, a parody is a comedic commentary about a work, that requires an imitation of the work.

In legal terms, a parody is a literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule. It is regarded as a criticism or comment on the original copyrighted work. In simple terms, it has to convey to the audience some type of message about the original work.

Since copyright law prohibits the substantial use of a copyrighted work without permission of the copyright owner, and because such permission is highly unlikely when the use is to create a parody, it may be necessary for the parodist to rely on the fair-use defense to forestall any liability for copyright infringement …

A trademark 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. While a parody must call to mind the actual product to be successful, the same success also necessarily distinguishes the parody from the original product.

Fair use of a copyrighted work is the reproduction of a work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. A parody is fair use of a copyrighted work when it is a humorous form of social commentary and literary criticism in which one work imitates another.

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. …

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement.

General Types of Trademarks

• Generic Mark.
• Suggestive Mark.
• Descriptive Mark.
• Arbitrary Mark.
• Fanciful Mark.

The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make “fair use” of it without permission. Fair use includes using a logo in editorial content, among other situations.

When legally using a trademark in a commercial manner you must use the correct symbol with the trademark. For a trademark registered with the USPTO the symbol ® should come after the trademark.

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

five years

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Slogans are protected as trade mark under Section 2(m) and 2 (zb) of Trade Marks Act, 1999.

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

How to Protect Your Brand and What to Do If Someone Steals it

1. Protect your unique brand name / logo. If you have a unique brand name or logo, protect it.
2. Make a paper trail.
3. Watch for trademark violations.
4. Keep your domain.
5. Trademark your new name BEFORE releasing it.
6. Register your new domain.
7. Announce the change.

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.