Rabbit without a cause

Two days after 9/11 a Dutch court ruled that a parody on Miffy – in Dutch called: “Nijntje” (pronouced as “Nine-tcha”) is not necessarily unlawful.

Miffy’s creator, Dick Bruna, wanted to stop a number of parodies, in which Miffy is associated with sex, drugs and terrorism.

The court ruled, however, that the parodies are meant to be humorous. Moreover, there is no competition between the parties in question, and there is no likelihood of confusion. Therefore, there is due cause.

MarkMatters.com understands why this makes the white rabbit angry. Innocent Miffy does not want to be associated with all the bad things that happen in the real world. But as long as humor cannot be objectified, there will always be a fine line between a parody and what is unacceptable from an IP point of view.

Erwin Hauër

“Hope is not a strategy.”

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