패러디 상표와 상표권 침해 성립요건

This paper primarily focuses on introducing the German discourse concerning trademark parody. While the parody of copyrighted works has been extensively discussed within our society, the discussion surrounding trademark-related parodies has only recently begun, mainly focusing on introducing foreign cases. This paper proceeds to discuss the requirements for trademark infringement, centering on German cases due to the similarities in legislative frameworks with our own legal system. Firstly, the paper explains the meaning of parody and its distinctions from the parody of copyrighted works. Although there are differences between trademark parody and copyright parody, they share common ground in their ultimate aim: to evoke satire, ridicule, or humor as a form of freedom of expression. However, while a copyrighted work inherently holds meaning simply by its existence in society, a trademark presupposes its use in relation to goods. Therefore, it is necessary to examine whether the trademark creates a likelihood of confusion or deception. Nevertheless, similar to copyright law, trademark law does not explicitly regulate parody. Consequently, when discussing unspecified trademark infringement, the debate must revolve around the essence of parody and the requirements for trademark infringement. This paper will specifically address only the requirement of “offering for sale or trade” among the elements of trademark infringement. The requirement of “use of a trademark” will be presented in a separate sub- paper. Finally, the paper briefly touches upon the relationship between trademark parody and freedom of expression.