TRETMAN PARODIJE U PRAVU ŽIGA

Abstract

Famous trademarks such as Puma, Milka or trademarks used to label luxury goods such as Yves Saint Laurent or Céline are increasingly being parodied. In addition, trademarks used to label food or luxury products are also subject to parody. Motives for parody are mostly of an economic nature or the artist's desire to express himself in a comical way and at the same time publicly expose well-known trademarks to criticism. The author discusses the legal background of parody in trademark law. Namely, it is not always possible to specify whether and when trademark parody is allowed. In any case, it is important to distinguish parody from other forms of possible trademark infringement, such as satire, piracy, paraphrasing, fluid trademarks. The paper will analyze the relevant foreign case law that has trademark parody as its subject, with a focus on the case "Puma vs. Pudel".