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Susan Progoff, a partner at Ropes & Gray, and Alexandra J. Roberts, an associate at the firm, write that a number of recent cases have produced seemingly inconsistent results where trademark parody is alleged. For example, one court enjoined defendant's "Buttwiper" dog toys, which closely resembled Budweiser beer bottles, while defendants who produced pet products "Timmy Holedigger" canine perfume and "Chewy Vuiton" purse-shaped chew toys successfully defeated both designers' infringement claims using a parody defense. However, viewed in terms of the three main areas of inquiry in parody cases, the "Buttwiper" case is not as anomalous as some perceived it to be.
January 20, 2009 at 12:00 AM
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