Wall Street Journal Quoted Josh Gerben about South Park Parody

In an episode of South Park, an animated show on Comedy Central, the Washington Redskins logo trademark controversy is parodied.  The Wall Street Journal presented the question whether use of the Redskins’ logo on the show could be considered trademark infringement.

Josh Gerben was quoted by the Wall Street Journal Law Blog arguing that use of the trademark would not constitute infringement, despite the registration being cancelled:

The episode, he says, would probably fall under an exception to trademark protection that allows someone to parody a federally registered trademark without permission from the holder.

“If Comedy Central went on to sell South Park action figures showing them wearing a Washington Redskins sweater or helmet, this would be a commercial use, and likely a violation of the Washington Redskins trademark rights,”

“On the other hand, using the trademarks in a South Park episode, which makes a social commentary on the current litigation in the public realm, is unlikely to be considered a commercial use,”

Source: Gershman, J.  “Fact-Checking Cartman’s Claims about the Redskins Trademark”.  Wall Street Journal Law Blog.  September 26 2014.