Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Jordache Enterprises, Inc. v. Hogg Wyld, 828 F.2d 1482, 1486 (10th Cir. 1987) Given the unlimited number of possible names and symbols that could serve as a trademark, it is understandable that a court generally presumes one who chooses a mark similar to an existing mark intends to confuse the public. However, where a party chooses a mark as a parody of an existing mark, the intent is not necessarily to confuse the public but rather to amuse. See Note, Trademark Parody: A Fair Use and First Amendment Analysis, 72 Va.L.Rev. 1079, 1079-80 n. 4 (1986) [hereinafter Note, Trademark Parody ] (the purpose of a parody is "to create a comic or satiric contrast to a serious work"). In one sense, a parody is an attempt "to derive benefit from the reputation" of the owner of the mark, Sicilia, 732 F.2d at 431, if only because no parody could be made without the initial mark. The benefit to the one making the parody, however, arises from the humorous association, not from public confusion as to the source of the marks. A parody relies upon a difference from the original mark, presumably a humorous difference, in order to produce its desired effect. "Now everything is funny as long as it is happening to somebody Else, but when it happens to you, why it seems to lose some of its Humor, and if it keeps on happening, why the entire laughter kinder Fades out of it." W. Rogers, Warning to Jokers: Lay Off the Prince, in The Illiterate Digest, I-3 The Writings of Will Rogers 75 (1974). The same is true in trademark law. As McCarthy writes, "No one likes to be the butt of a joke, not even a trademark. But the requirement of trademark law is that a likely confusion of source, sponsorship or affiliation must be proven, which is not the same thing as a 'right' not to be made fun of." 2 J. McCarthy, Trademarks and Unfair Competition Sec. 31:38 at 670 (2d ed. 1984).