Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

A: A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting, teaching, or research, even if it would otherwise be considered trademark infringement

A: The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue for dilution of their mark when the alleged infringers are selling commercial products using a trademark parody.

A: Whenever anybody asks me, "Can I be sued?" my answer is, "Hey, this is America! You can always be sued." The right question is, "What risk am I taking?" Would the furniture company want to sue? If what you are doing is proper, the furniture company can still sue you. They can tell their side of the story and why they feel it is not proper. Then you have the opportunity to present your side of the story. The judge or jury can then make a decision. They might find that you did not do anything wrong. To get to that point, you have to go through the difficulty and expense of presenting your side of the story. Only in a very unusual case would the furniture company have to pay you back.

A: Using a company's name in the title of a parody work could potentially lead to legal issues, even with a disclaimer. Here are a few key considerations:

1. Trademark infringement: If the famous furniture company has a registered trademark, they may claim that using their name in your title creates confusion and misleads consumers into thinking your product is associated with or endorsed by them.

2. Trademark dilution: The company might argue that your use of their name dilutes the distinctiveness and value of their brand, even if there's no confusion.

3. Parody defense: Parody is protected under fair use, but it must be clear that your work is a parody and not simply using the company's name for commercial gain. The parody should comment on or criticize the original work.

4. Likelihood of legal action: Large companies are often protective of their intellectual property and may be more likely to take legal action to protect their brand.

To minimize the risk of being sued, consider:

1. Not using the company's name in the title, but rather making it clear through the content and design that it's a parody of the company's manuals.

2. Consulting with an intellectual property attorney to assess the specific risks in your case and to help craft appropriate disclaimers.

3. Ensuring the parody is obvious and that no reasonable person would confuse your coloring book with an official product.

While you may have a strong parody defense, there's always a risk of legal action when using a company's name without permission. Consulting with a legal professional can help you navigate this issue more safely.

A: Instead of creating the "Unofficial Ikea Coloring Book" (or whatever famous furniture company you think) why not be a little more creative and make it something like "Denmark's (or Slovenia, or Latvia, Russia or some other country) answer to the Official Swedish furniture coloring book" that way:

1. Everyone knows who your are talking about.

2. You did not use a copyrighted name

3. if Ikea sues you, you have a better chance of winning and getting attorney's fees and a malicious prosecution lawsuit (which makes them less likely to sue you in the first place.) Thanks for using Justia Ask a Lawyer, you really need to consult with a local attorney and have him review all your documentation. Don't rely on what you have been told here, we don't have all the facts.