I have a copyright infringement or Fair Use " parody" question?

Question

I saw this Tee shirt that looked like the Snaple logo (Colors, shape and all) but instead it said Snatch "The Best stuff on earth" is this Copyright infringement or is it "Fair Use", Parody?

Answer 1

If financial and commercial gain are the primary purpose of the parodical use, then the Fair Use defense will probably fail.

Answer 2

Copyright is the wrong area of inquiry-- SNAPPLE, the SNAPPLE logo, and the slogan "The Best Stuff on Earth" are TRADEMARKS.
Although there may be copyright protection for some of the artwork, copyright protection does not extend to words or titles, and not to slogans either (It's not "original" expression). Further, circles and colors are also not generally copyrightable. The IP area that protects this is trademark -- which protects the goodwill fostered in the mark and protects consumers from being confused as to the source of goods.

There is also a parody / fair use argument in trademark that is not as well developed in this situation. There is, however, this trademark doctrine called "dilution" which prevents others from using "famous" marks to blur the distinctiveness of the mark or, in this case, "tarnish" the reputation of the mark. I think the SNAPPLE people could probably argue that their mark meets the legal definition of fame and that this knock off probably tarnishes the mark's reputation.
The mark is being used to sell T-Shirts, and so it's being used commercially for profit. It's not a commentary on SNAPPLE, but rather might be just a general statement about commercialism and sex (in the words of the supreme court in the copyright context, "satire" rather than "parody" which receives less protection).

Answer 3

Do they have a copyright or other protection on the phrase "The Best Stuff on Earth"? If no, then I would say it would be fair use.

Answer 4

Unless it was licensed by Snapple, it sounds like a copyright or trademark violation. There's no parody there that I can see.