In a Southern District of New York decision, TOMMY HILFIGER has failed to enjoin use of TIMMY HOLEDIGGER, a parody cologne for pets.  The decision has not been posted as of yet, but the analysis of the parody defense to infringement and tarnishment in the case of a competitive product, should be of interest

Of immediate import is that, according to this account, the judge referred to plaintiff’s lack of sense of humor, and, citing the language of the Ninth Circuit in the recent Mattel v. MCA case, ordered the plaintiff “to chill.”  As the influential Second and Ninth Circuits have now adopted this concept, we may soon see an Order to Chill as a common form of injunctive relief.