this post was submitted on 28 Jul 2023
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It’s going to be extremely hard to convince a court that the thing you’re making is both a parody and a legit competitor you believe users should switch to.
As you point out, parody has to be a comment on the thing you’re parodying. In the Hyundai example, the problem was that it was commenting on something else. The problem here is that it’s simply not a comment on anything. It’s a product you’re making to compete with the original.