| Trademark is the product of material production to a certain extent and commercial competition to a certain stage.Its original function is to distinguish the source of goods and services.But after a long-term development,its function is not only limited to identifying the source,but also gradually evolved into a social phenomenon with rich cultural connotation,just the development of trademark culture socialization Exhibition,to promote the meaning of the trademark from the logo goods or services themselves to the direction of social and cultural transfer,trademark parody this artistic expression also came into being.The emergence of trademark protection and freedom of speech has created a tense relationship.On the one hand,trademark owners hope to prohibit others from using their own trademarks without permission by means of trademark infringement and other legal provisions;on the other hand,imitators hope to make the most of others’ trademarks by means of the protection of freedom of speech.Trademark parody is a form of expression in the field of copyright law.Because it usually criticizes the cultural connotation and values behind the trademark by humorous and ironic expression,and mainly takes the well-known trademark with high popularity as the imitation object,it is easy to bring negative impact to the original trademark,and often involves trademark infringement.In European and American countries with highly developed commodity economy,trademark parody cases are common.In recent years,there are also related cases in China.Unfortunately,there are no direct provisions on trademark Parody in China’s legislation,and there is no systematic research in the academic community,which brings some difficulties to the judgment of infringement.Starting from the basic concept and main characteristics of trademark parody,on the basis of affirming that trademark parody may constitute trademark infringement,this paper introduces and discusses the relevant theories and cases at home and abroad,compares the advantages and disadvantages,and finally clarifies the judgment standards of trademark parody infringement step by step. |
