Parody as an Exception to Copyright and Trade Mark Protection.

The article focuses on the Italian Supreme Court’s 2022 decision regarding parody as an exception to copyright and trade mark protection, specifically in a dispute involving Zorro Productions Inc. and Compagnia Generale Distribuzione SpA (CO. GE. DI.). It clarifies that parody, defined as a humorous or mocking reworking that evokes an original work or fictional character without requiring originality beyond noticeable differences, is protected under Italian copyright law (Law No. 633 of 1941, Art. 70(1)) as a form of free expression, provided it balances the rights of the original rights holder and does not compete with the economic exploitation of the original work. The Court also addressed trade mark law, affirming that the use of a trade mark in parody can infringe rights if it exploits the mark’s reputation or distinctiveness without due cause, even if not used to distinguish goods, as such use in advertising constitutes economic activity under Art. 20(1) of the Intellectual Property Code. The ruling remanded the case for further examination of whether the contested commercial constituted lawful parody and whether trade mark infringement occurred, emphasizing the need to balance intellectual property rights with freedom of expression.