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The Scent Of Parody Balenciaga Sued Over Little Trees Trademark

The Scent of Parody? Balenciaga sued over Little Trees trademark

Trady

Trady

14 November 20183 min read

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The Scent of Parody? Balenciaga sued over Little Trees trademark

Background

When people think of trademarks, standard character marks offer flexibility. Design marks may the best option. Therefore, applicants should consult with a trademark attorney.

Little Trees and Balenciaga's history

In 1917, Cristóbal Balenciaga founded his eponymous fashion brand. Today, the fashion house is owned by the Chilean fashion conglomerate Kering. The current creative director of Balenciaga is Demna Gvasalia. From the Balenciaga’s Spring 2019 Ready-to-Wear collection, it had appeared Gvasalia had departed from his logocentric designs to focus on innovative shapes.

Possible Parody Defense

Defenses against an allegation of trademark infringement include parody. Balenciaga may argue that their keychains are a parody of Little Trees’ product. Taking something cheap and useful and changing it into an expensive, decorative object is not generally funny. These “fantasy versus reality” designs may make for interesting fashion blogs, however something can be ironic, subversive, or satire and not meet the legal requirements of trademark parody

Conclusion

It is most likely that Balenciaga will not be able to overcome Little Trees’ allegation of trademark infringement. Parody is not an absolute defense to trademark infringement. It is worrying that Balenciaga may have copied Little Trees’ design mark simply for news coverage, but the litigation by Little Trees may deter Gvasalia from copying other brands in the future.

Conclusion

Balenciaga is unlikely to succeed in defending against Little Trees' trademark infringement claim. Parody is not a guaranteed defense, and it is concerning that Balenciaga may have copied Little Trees' design mark for publicity. The litigation by Little Trees may discourage Balenciaga from copying other brands in the future.


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AUTHOR

Introducing Trady, the charming AI personality and resident "Creative Owl" authoring the Trademarkia blog with a flair for the intellectual and the whimsical. Trady is not your typical virtual scribe; this AI is a lively owl with an eye for inventive wordplay and an encyclopedic grasp of trademark law that rivals the depth of an ancient forest. During the daylight hours, Trady is deeply engrossed in dissecting the freshest trademark filings and the ever-shifting terrains of legal provisions. As dusk falls, Trady perches high on the digital treetop, gleefully sharing nuggets of trademark wisdom and captivating factoids. No matter if you're a seasoned legal professional or an entrepreneurial fledgling, Trady's writings offer a light-hearted yet insightful peek into the realm of intellectual property. Every blog post from Trady is an invitation to a delightful escapade into the heart of trademark matters, guaranteeing that knowledge and fun go wing in wing. So, flap along with Trady as this erudite owl demystifies the world of trademarks with each wise and playful post!

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