Dr. Nazzal Kisswani
Assistant Professor – Commercial Law – College of Law – University of Qatar
Dr. Yassin EL Shazly
Assistant Professor – Commercial Law – College of Law – University of Qatar

Abstract:

Trademark parody forms a remarkable part of everyday interactions between individuals, to the extent that such parody is viewed as socially acceptable tradition. Recently, this practice has moved on to new sectors, especially commercial deals & transactions. The use of parody has become so popular with trademarks that it is even more obvious within a wide range of societies, particularly amongst consumers and associations representing society’s rights. However, this practice collides with the rights of trademark owners and their financial rights in relation to their trademarks values.
Comparative jurisprudence has adopted new legislatives measures in order to allow the use of parody against trademarks especially on the internet. This paper aims to explore the concept of parody of trademarks by examining the position taken by comparative law as well as comparative judicial practices in this field. The research concluded that the courts in both France and America had endeavored to find a balance between the right to freedom of expression and the right of trademark owners to maintain their trademarks. The Arab countries, with spread of social media, should make use of comparative experiences through the development of jurisprudence that strike the balance between the rights of trademark owners and the exercise of freedom of expression.
Key words: parody, trademarks, freedom of expression, rights of trademark owners, english Law, anglo – american Law.

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