It appears that Lunesta (eszopiclone) — apparently, the top prescribed branded sleep aid —  has a new fan, but as you’ll see, and hopefully for the Farrelly brothers, the newcomer won’t be anything close to a competitive medicinal product: Stoogesta (nimbiscus dumbphondenol). Stoogesta video on YouTube can be viewed here.

We’ll have to wait until April 13, 2012, to see whether Stoogesta also will perform the function of a prescribed sleep aid.

What do you think, is this example more clearly a parody than Penn Law’s recent use of the Louis Vuitton trade dress?

CBS Philly coverage of the Penn Law flap here, with a quote from yours truly.  Did anyone attend the symposium, if so, please share, I’m wondering how it went? Nick?

  • A better parody, more like Chewy Vuitton than the Vuitton-like printed poster: the commercial is somewhat humorous, creates no likelihood of confusion about source or association, and arguably provides some commentary on the prescription drug tv ad style. However, just for laughs, I would love to see a Lunesta attorney argue for a likelihood of confusion because both goods perform the function of a sleep aid and maybe, for good measure, offer as evidence of actual confusion an insomniac’s prescription for the movie from a doctor.

    Also, noticed the (R) symbol. It’s not a registered trademark. Does the USPTO countenance use of the registered trademark symbol for parody?

    — Draeke Weseman