Can I use a pun on a brand’s name in a song title?

For example, would something like “Taco Belle” be legal for a song I intend to make profit from?

Asked on September 19, 2013 under Uncategorized, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What you are asking about here is known as the Trademark Parody doctrine.  This comes under the Fair Use exception to the copyright and trademark laws.  While the doctrine is complicated and fact specific - and you should consult an attorney before you put anything out there - it uses the "liklihood of confusion" test. So seek help with this.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What you are asking about here is known as the Trademark Parody doctrine.  This comes under the Fair Use exception to the copyright and trademark laws.  While the doctrine is complicated and fact specific - and you should consult an attorney before you put anything out there - it uses the "liklihood of confusion" test. So seek help with this.  Good luck.


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