Is it legal to use trademark name if

[breakaway]

it's obvious I have nothing to do with it and even making fun of it?

For example, if I made a domain name that was like "[name of big company]sucks.com"

I know that parody is ok for copyright, but I don't know how this applies to trademark laws.

 

[davezan]

There are various decisions, both legal and UDRP-wise, going both ways. Generally, sucks
sites with zero commercial use, coupled with being defended in court or UDRP, can stand
a chance.

 

[quincy]

Just a note: Parody is sometimes okay with copyrighted work. Parody falls under fair use, and fair use is a defense to infringement (which means someone sues first and the court decides whether the use is fair or not).

 

[breakaway]

In a related kind of topic, I remember hearing that the TV show Married...With Children was originally going to be called "We're Not the Cosby's". Do you think it would have been infringement on the Cosby Show even though it's very obvious no one would confuse it with "We're Not the Cosby's"?

 

[quincy]

It could very well have resulted in an infringement suit against the producers of Married...With Children had they chosen the We're Not the Cosby's title. While titles cannot be copyrighted, identical or similar titles can suggest a similarity in the work produced itself and, in some cases, titles can function as a trademark.

This is often the case with television series, whose title will not only distinguish it from other series on television but will also become an important factor should related products and services connected to the series be marketed. Cosby's Fat Albert, for instance, is a trademarked title and is used for the marketing of a Fat Albert clothing line and related merchandise.

Trademarks do not need to be registered with the USPTO to be protected, although they gain more protection upon registration. Usually a producer, or an attorney, will do a trademark and copyright search before investing in a titled television show. Title and trademark clearance is now often required to avoid potential infringement suits. The costs involved in changing a title after production is expensive, and problems with a title can affect distribution rights and can result in a major loss of dollars for the producer.