The Briefing: Cooperstown Strikes Out: Parody, Fair Use & Trademark Law
Published: October 16, 2026
Can a brand stop a creator from making fun of it? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the lawsuit over Baseball Doesn’t Exist’s video mocking Cooperstown Dreams Park and why a federal judge dismissed the copyright and federal trademark claims.
They explore:
- Why the video’s use of the park’s logo and promotional footage qualified as fair use
- How the Rogers test protected the creator’s trademark use after Jack Daniel’s
- What creators and brand owners should consider when criticism turns into litigation
Tune in for a clear look at where brand protection meets the right to parody.