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Gold on Trademark Parody, Survey Evidence and Dilution by Tarnishment in Smith v. Wal-Mart, 537 F.Supp.2d 1302 (N.D. Ga. 2008)

In Smith v. Wal-Mart , 2008 U.S. Dist. LEXIS 22776 (N.D. Ga. 2008), plaintiff, whose websites displayed designs and slogans that parodied Wal-Mart’s trademarks, filed a declaratory judgment action against Wal-Mart, seeking to have the parodies declared legal. The district court granted plaintiff...

Parody Paradox

On May 14, in a non-precedential opinion , the Trademark Trial and Appeal Board ("TTAB") in the matter of PRL U.S.A. Holdings, Inc. v. Thread Pit, Inc . cancelled Thread Pit's registration of the mark: Thread Pit's mark for "t-shirts and collared polo shirts" was...

Parody Paradox

On May 14, in a non-precedential opinion , the Trademark Trial and Appeal Board ("TTAB") in the matter of PRL U.S.A. Holdings, Inc. v. Thread Pit, Inc . cancelled Thread Pit's registration of the mark: Thread Pit's mark for "t-shirts and collared polo shirts" was...