Dilution Without Infringement? The Paradox of Parody Under Trademark Law

In "Dilution Without Infringement? The Paradox of Parody Under Trademark Law," (Expert Opinion, NYLJ, December 13, 2025), Felicello Law managing partner Rosanne Felicello discusses the 2023 Supreme Court ruling in VIP v Jack Daniels, which clarified that parody can defend against trademark infringement but not against dilution of a famous mark. While parody may avoid confusing consumers, it can still harm a brand’s value if used as a source identifier. This creates tension for brand owners, emphasizing that trademark law mainly aims to prevent confusion and protect brand integrity.

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