This Note explores how the Fifth Circuit limited the legal boundaries of parody in the context of trademark law. Section II provides a background of trademark law and how parody fits into a court's determination as to whether infringement has occurred. Section III presents the facts and procedural history of the case, including the district court's analysis. In Section IV, this Note examines how the Fifth Circuit Court of Appeal approached the application of parody in the trademark context. Finally, Section V discusses the severe limitation on the legal use of parody set forth by the Fifth Circuit, and offers an alternative approach to parody in the context of trademark law.
Don't Be Cruel: Scope of Parody Curtailed in Elvis Presley Enterprises, Inc. v. Capece, 29 Golden Gate U. L. Rev.