Abstract

There is significant debate surrounding the ideal jurisprudential treatment of parody in trademark law. Some scholars resolve the issue by referencing a copyright case and its progeny in the trademark space. Others focus their discussion on fair use protection in cases of trademark dilution. Still others caution against analyzing protection for parody and satire as distinct issues. All of these angles are necessary in this conversation, but there is a dearth of discussion surrounding the classification of comedy and its value in courts’ analysis of parody and trademark claims. This Note outlines why this may be and explores how a different approach to understanding comedy may be a more comprehensive pathway to analyzing trademark claims that involve satire or parody. One example offered is Dan O’Shannon’s theory of the comedic event, an event-based theory about why and how jokes work. This Note explores how this theory can offer guidance to courts on these issues, especially because it focuses on the presentation and reception of comedic information.

Keywords

Sophia Goettke, Comedic Theory, Parody, Satire, Trademark Law, Parody and Trademark, Dan O'Shannon, Theory of the Comedic Event