Infringement and Defenses | Bell Davis Pitt

Linebackers and Teddy Bears: Shawne Merriman sues Vermont Teddy Bear Company

Justin M. Hardy

TMC (Trademark, Marketing & Copyright) Blog

You may know about Shawne Merriman, the former standout linebacker for the San Diego Chargers. You may even know that Mr. Merriman's nickname is "Lights Out," which he earned while playing high school football due to his ability to deliver big hits on the gridiron. But you likely don't know that Merriman has developed his nickname into a brand owned by his company, Lights Out Holdings, LLC.

DC Comics characters The Green Lantern, Batman, and Superman

On Parody and Trademark Infringement

February 18, 2016

Justin M. Hardy

TMC (Trademark, Marketing & Copyright) Blog

When a claim of parody is made to counter a trademark infringement complaint based on likelihood of confusion, it can be difficult to analyze whether the parody claim is a legitimate defense. Sometimes the existence of parody overcomes an infringement claim and sometimes it doesn't. The party making the claim of parody must show that true parody exists and that it is a non-confusing parody as opposed to a confusing parody.