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Re:Dear Google: Parody Is Not Trademark Infringement by TheMagicHorsey on Tuesday May 20, 2014 @08:55PM (#7776138)
A parody does not confuse the viewer as to the source of goods and services. In a parody, it is clear that the goods or services, or speech, are from a different source than the original.

If one makes a product as a "parody" and pretends to be the original source, while acting purposely foolishly, I don't think that would be defensible.

For instance, if you are opposed to people eating meat sold by Foster Farms, then making deliberately disgusting meat, and handing it to pedestrians in a city, while making fun of meat, does not constitute parody of Foster Farms. It damages the brand of the original.

A parody would be using Google's names and symbols in some transformative action that is clearly not sourced from Google.

Re:Dear Google: Parody Is Not Trademark Infringement by couchand on Tuesday May 20, 2014 @10:29PM (#7776405)
To be clear, I'm pretty sure that Peng! wasn't actually selling drones, insurance or hugs. There are no goods or services. They were not making a product.

So to adjust your example, if a group had a political complaint against Foster Farms and made a website claiming to sell obviously foul products, that would be a rich example of parody. "Damaging the brand" is pretty much the goal in an action like this.

Re:Dear Google: Parody Is Not Trademark Infringement by TheMagicHorsey on Wednesday May 21, 2014 @01:23AM (#7776818)
Lets think about this for a moment. Is it a legitimate action to pretend to be another party and to damage their brand? What if I take to the streets to pretend to be you, to damage the brand of your start up? What if I defame minorities, release foolish and buggy products, and plaster the pseudo-wares with racist pronouncements? Is it enough for me to say that I disagree with you, and that my intentions are parody, for such action to be pardonable?

I don't think pretending to be another entity should ever be permissible. The integrity of communications should not be compromised. Nor is that the intention of the parody-based fair use principles in IP law. The intention of the parody exception to liability is to give artists an opportunity to make fun of the high and mighty. Not to pretend to be them.

If we allow fraudulent messaging to come under the umbrella of parody protection, then this same exception will be abused by parties to malign their competitors. It will be difficult for consumers to know or trust the source of messaging, goods, or services.

It is no excuse to say no goods or services were actually produced, because to advertise a shitty bundle of goods in the name of another is enough to cast doubt on the good sense of that other.

A proper parody makes no pretense of its source. It proudly proclaims itself a form of protest. It doesn't dissemble and try to corrupt the flow of information/communication in commerce.

Re:Dear Google: Parody Is Not Trademark Infringement by couchand on Wednesday May 21, 2014 @01:35AM (#7776846)
I wonder if you looked at the site? It's pretty evident that it's a form of protest and not some racist sockpuppet rant, competitor's defamation or the like. For instance:

While we cannot always protect information about you, we can help protect you. Google Trust offers you the world's first model for data insurance.

It's completely free, you pay with your data. The more Google products you use, the higher your insurance payout will be in case of data misuse through secret service or private criminals. Your policy will be automatically offered to you, based on our assessment of your risk.

If that's not "making fun of the high and mighty" I don't know what is.

Re:Dear Google: Parody Is Not Trademark Infringement by kgarten on Wednesday May 21, 2014 @04:29AM (#7777168)
Again I don't agree with your very narrow definition of parody. Take http://arcticready.com (from the "Yes Men"). For me, it's a parody criticizing shell oil.

You can also read more here: http://www.greenpeace.org/new-zealand/en/blog/shellfail-insi...

In my opinion this clearly classifies as parody.

Re:Dear Google: Parody Is Not Trademark Infringement by TheMagicHorsey on Wednesday May 21, 2014 @11:54AM (#7778894)
One should think of the consequence of a rule in all cases, not just when the rule is applied to defend those that mock those you oppose.

Imagine the same standards being applied when someone is pretending to be you and maligning your name in public with foolish declarations.

Re:Dear Google: Parody Is Not Trademark Infringement by kgarten on Wednesday May 21, 2014 @12:25PM (#7779090)
Yes of course, I do. Yet, again, I cannot agree with your statement. First, I neither "oppose" Shell nor Google (actually I think Google is a pretty cool company). Still, I find the parody funny and it raises some interesting questions.

Next, in the examples not an individual is "impersonated" but a faceless, anonymous corporation. I would have way more problems with the parody if an individual (independent to if I like them or not) would be impersonated or ridiculed.

If somebody makes similar fun of my employer, I would not mind at all.

Re:Dear Google: Parody Is Not Trademark Infringement by kgarten on Tuesday May 20, 2014 @09:20PM (#7776228)
I don't agree. The strength of some parodies or hoaxes is that you use the companies name, this is important to make people think (I believe). Under your definition groups like "The Yes Men" would not be considered parody. http://en.wikipedia.org/wiki/The_Yes_Men

I don't want to go into the example you brought up with Foster Farms, you should realize that this comparison is pretty much flawed.

Re:Dear Google: Parody Is Not Trademark Infringement by SeanLuke on Tuesday May 20, 2014 @09:40PM (#7776288)
> Under your definition groups like "The Yes Men" would not be considered parody. http://en.wikipedia.org/wiki/The_Yes_Men

With a few exceptions, The Yes Men do not do parody. Hoaxes and parody are quite different things.

Re:Dear Google: Parody Is Not Trademark Infringement by kgarten on Wednesday May 21, 2014 @04:58AM (#7777231)
see the comment above: I would classify Adbusters also as parody (spoof). Depends on your definition. https://www.adbusters.org/spoofads
Re:Dear Google: Parody Is Not Trademark Infringement by TheMagicHorsey on Wednesday May 21, 2014 @01:27AM (#7776824)
It is not required to disguise yourself as another to make people think.

Parodies in the past did not depend on fooling people as to the source of words. It is enough to conjure up a thought of the parties parodied, through use of similar symbols/words/methods. One doesn't have to actually pretend to be them in an exact way for parody to hit its mark. Nor in the past have I seen great parodies do this.

Re:Dear Google: Parody Is Not Trademark Infringement by kgarten on Wednesday May 21, 2014 @04:57AM (#7777228)
It depends on the type of parody. Your definition seems to stick to literature parody only. If you extend the definition over literature and text, I think it's important to use the same visuals and pretend to be the company or individual ... see also: https://www.adbusters.org/spoofads (they classify for me also as parody and they are spoofs, pretending to be the original source). A parody is often also called spoof, which in this case fits better I think.