In the latest episode of INDICAMonAir Elisabetta Berti Arnoaldi Veli tackles a “hot” topic: when the parody use of a famous brand can be allowed and when it is instead to be condemned for infringement. Cue for reflection the recent U.S. Supreme Court ruling that concluded for trademark infringement of the company Jack Daniel’s regarding a chewable toy for dogs that reproduces the typical shape and label of the bottle of the famous whiskey, naming it Bad Spaniel.
In Italy, too, the relationship between entrepreneurial interest and parody is an issue that has given rise to numerous disputes: in recent times, the evaluation of the parody of the adventures of Zorro and the caricature of the character in a spot for a mineral water was the occasion for the Court of Cassation to reaffirm the rule of balance between safeguarding exclusive rights on distinctive signs and freedom of manifestation of thought.
Link to podcast: https://lnkd.in/d2_gqr-Z