Yo ho yo ho, your trademark will never be? Disney has requested an extension of time to oppose the registration of a trademark for a Jimmy Buffet tribute band called “Parrots of the Caribbean” because it may be confusingly similar to Disney’s PIRATES OF THE CARIBBEAN.

“Pirates of the Caribbean” has been amusing landlubbers since 1967. The pirate-filled ride was the last attraction that Walt Disney helped develop and first appeared in Disneyland in California and has since spread to three other parks. With the 2003 release of the Pirates of the Caribbean: The Curse of the Black Pearl movie featuring Johnny Depp, the attraction garnered new interest and was eventually reimagined to contain the likeness of Captain Jack Sparrow. Disney owns several registered trademarks containing PIRATES OF THE CARIBBEAN but just dating back to 2003.

There can only be one Jimmy Buffet and there can only be one “#1 Jimmy Buffet tribute act in the country…BAR NONE.” The singer famous for his island influenced jams such as “Margaritaville” is still searching for his lost shaker of salt but this five member tribute band is rocking it out hard. For seven years, the band that put the rock in trop rock has been covering Buffet’s tunes…and wearing crazy costumes. You can see some of the band’s antics below as they tour Ohio and into Illinois.

In August 2015, the band filed a trademark registration application for PARROTS OF THE CARIBBEAN in a class that covers musical performances. Disney sought and was granted an extension of time to oppose this registration. This is the usual first step that allows the parties time to try to work out a settlement, allows the opposer additional time to draft the opposition or even allows the opposer time to reevaluate its position and not even file an opposition in the first place. While the name of the band is clearly a parody of Disney’s mark, last year, the Trademark Office ruled that parody is only a defense to claims of infringement and not justification to have a mark registered.

If they do oppose, Disney must argue that consumers are likely to confuse the band’s mark with Disney’s. So if you saw a flyer for the band would you think that they are associated with or affiliated with Disney and PIRATES OF THE CARIBBEAN. Disney has until May to decide if it will oppose the mark. So it the meantime, “Parrots of the Caribbean” will have to wait to see if the trademark will be made to walk the plank. Arrrr.