DuetsBlog Collaborations in Creativity & the Law

Whistling While You Work to Parody a Brand?

Posted in Articles, Branding, Dilution, Famous Marks, First Amendment, Food, Marketing, Product Packaging, Trademarks

This is quite a collection of art pieces, inspired by some pretty recognizable candy bar brands:

The fine print reads: “Each handmade . . . sculpture is a real working whistle!” Parodies, anyone?

Here’s a question, does the functionality of these pieces make them any less expressive as art, any more likely to be confused, any more likely to dilute, any less First Amendment worthy?