Die Parodie der Marken im Lichte des Rechtssystems

In this treatise, the reader is introduced to situations that lead to creations known as parodies of brands due to free speech. These facts result in conflicts between the trademark owner and the person who wishes to exploit this intangible asset without the owner's permission. For Dessemontet, parody is a burlesque representation of an existing work for the purpose of criticism, with the most well-known form being literary satire. He identifies three characteristic elements of parody: 1. It mocks the work from which it is inspired. 2. There is an economic effect, which, however, cannot be compared to that of plagiarism, as there is no direct use of another work that displaces the original; the second creation does not replace the first. 3. It must be a creation with its own originality, even if it must be recognized as the parodied work. The essential aspect of parody is that it appears to the audience as an original work that does not cause confusion between the parodied work and the creation inspired by it, with the boundary between the two works being more difficult to determine than it seems.