Q: Am I infringing copyright/trademark if I use a phrase similar (but different) to a trademark in a parody?
I created a design for a t-shirt featuring a dog face with an expression that would read as "seriously?" in front of a milk bowl. Above the drawing, there's a text reading: "got beer?"
There was a copyright infringement complaint in relation to the "got milk?" trademark and the design was retired from the marketplace where it was listed.
The font used in the text is similar but not the same as the trademark.
Is this design really infringing the trademark?
A: Copyright infringement and trademark right infringement are two different things. If that's your trademark, and your trademark is confusingly similar to that of some other's, meaning if an average consumer would mistake source of their product as from you, there is infringement. An attorney's review of your situation is strongly advised.
Marcos Garciaacosta agrees with this answer
1 user found this answer helpful
A: You should consult with an attorney to understand the differences, risks and options.
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