Can you Trade Mark a Parody of a Trade Mark?

Should you build your brand on the back of another?

Following a number of viral and successful YouTube parody videos, Theodore Saidden, creator of “Superwog”, decided to take things to the next level and capitalise on his success – by selling t-shirts.

Theodore sought to register a “Superwog” stylised logo as a trade mark and submitted an application to register the mark to IP Australia. Despite its popularity among university and school students, DC Comics, the owner of the registered “Superman” trade mark, is not impressed. DC Comics has lodged a notice of opposition to the application.More