Trade marks are designed to protect more than a name or logo: they safeguard the origin and reputation of brands and the investment behind them. At the same time, trade marks have increasingly become part of our wider cultural and social landscape, appearing in art, political commentary, humour, memes and other forms of digital communication.
This development raises an increasingly relevant legal question. How far can parody and freedom of expression serve as a defence to trade mark infringement?
Unlike copyright law, trade mark legislation rarely provides an explicit exception for parody. Courts are therefore required to navigate the balance between the rights of trade mark owners to protect their brands and the freedom of third parties to use trade marks for humorous, artistic, political or critical expression.
This tension is at the heart of AIPPI Study Question Q298 “Parody (and freedom of expression) as a defence to trade mark infringement”, which examines how different jurisdictions approach parody and freedom of expression in trade mark disputes and considers whether greater international harmonisation is needed.
A well-deserved honour for Karsten and a good reason to celebrate for our Soft IP practice.
HOYNG ROKH MONEGIER will send a delegation to this year’s AIPPI Congress in Hamburg. We look forward to seeing many familiar faces and making new contacts from all around the world in Hamburg from 7-10 October 2026!