Trade mark proprietors are usually not exactly patient when it comes to unauthorised or unlawful use of their trade mark, so you would better refrain from such attempts. Trade mark parodies, however, are usually exempt from the above rule. While the record of trade mark parody-related case law is quite short, and unauthorised users of trade marks are frequently not welcome, good trade mark parodies do not necessarily constitute trade mark infringement. This is because consumers usually do not take them seriously.

Chewy Vuiton plush animals, for example, did not constitute trade mark infringement in the USA. Also, the “Marlboro Man” was lawfully used in the course of an information campaign against lung cancer.

The parody must make it clear that there is no connection between the proprietor of the original trade mark and that of the parody. If the parody is not smart and lacks imagination, you have a problem. You also have a problem if the parody is related to sex or drugs.

McDonald’s would probably be the opposite of happy seeing this anti-marijuana T-shirt. Negative associations may easily arise on the side of consumers, which would harm the advertisement function of the trade mark, thus constituting trade mark infringement.

These ADIDASH and FUMA shirt signs do not reach the degree that would exempt from trade mark infringement. Adidas and Puma companies would probably sue successfully on the grounds of infringement.

This shirt sign, however, appears to be a legitimate parody, displaying the name of the city of Barcelona using the well- known lettering of Coca-Cola Company. The manufacturer of these shirts would probably successfully avert any accusations of trade mark infringement.