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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 10 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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption