Abstract
Legal Considerations When Consumer Opinion Websites Parody Companies or
Brands
Yoon, Tae-Il / Doctoral Candidate, School of Journalism,
University of Missouri-Columbia
As the Internet has
become a modern symbol of the classical market of ideas*
consumer opinion sites that parody companies or brands
become popular in the cyberspace. This article examines
various legal issues and law cases that might be applicable to consumer parody sites in the light of copyright
laws, trademark laws, libel laws, and service provider
liability. Some crucial concepts such as ¡®fair use¡¯,
¡®like- lihood of confusion¡¯, ¡®actual malice¡¯, and
¡®strict liability¡¯ were analyzed in the context of
U.S. legal cases. Looking at a possibility that consumer
parody sites can lie in the tension between free speech
rights, intellectual property interests, and libel issues,
this article discusses how consumer parody sites can
function as an interactive communication channel between
consumers and companies by avoiding legal pitfalls.
key word : parody, consumer opinion site, freedom
of expression
------------------ * Leslie C. Rochat,
¡®I See What You¡¯re Saying¡¯ : Trademarked Terms and
Symbols as Protedted Consumer Commentary in Consumer
Opinion Website, 24 SEATTLE UNIV. L. R. 599, 600(2000).
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