Anheuser-Busch, Inc. v. Balducci Publications
United States Court of Appeals for the Eighth Circuit
28 F.3d 769 (1994)
Balducci's (defendant) humor magazine ran a realistic-looking mock ad for "Michelob Oily" using actual images of Busch's (plaintiff) trademarked Michelob products and design elements, placed where real ads typically appear, with only a small-print editorial disclaimer; Busch's consumer survey showed many viewers assumed Busch was involved and couldn't identify the ad as satire, but the district court found no likelihood of confusion and ruled the First Amendment protected the parody.
Whether a user who parodies a registered trademark may be found to have committed trademark infringement if the trademark is likely to cause consumer confusion and if the First Amendment does not protect the parody.