L.L. Bean, Inc. v. Drake Publishers, Inc.
United States Court of Appeals for the First Circuit
811 F.2d 26 (1987)
Drake Publishers (defendant), owner of 'High Society' magazine, published a humor article titled 'L.L. Beam's Back-to-School-Sex-Catalog' using a variation of L.L. Bean's (plaintiff) trademark in an explicitly labeled parody. Bean sought to enjoin the magazine's circulation for trademark infringement and dilution; the district court denied a temporary restraining order, denied summary judgment on the infringement claim, but granted Bean summary judgment on the dilution claim, finding the article damaged Bean's reputation and goodwill without violating the First Amendment, and enjoined the magazine's distribution. Drake appealed.
Whether a parodic use of another's trademark is protected under the First Amendment, even in an offensive or immoral context, when used in a noncommercial way.