Katy Perry fails to obtain shark trade mark
Written by Michael Coyle on 24 April 2015« Return to Reading Room
Well she sought to protect the shark by way of a trade mark but this week was told she could not claim trade mark rights over the shark
Katyperry.com offered for sale a large number of items including a full-sized "Katy Perry Left Shark Belovesie" suit ($129.99), a "Katy Perry Left Shark Youth Belovesie" ($115), and a "Katy Perry Status T-Shirt" ($25), which featured an illustration of a dancing shark with its left fin extended above its head.
Perry sought to register a "Left Shark" design with the United States Patent & Trademark Office, along with the phrases "Left Shark," "Right Shark," "Basking Shark" and "Drunk Shark."
These were rejected by the United States Patent Office where they stated the shark design "identifies only a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services. ....specifically, the [photograph] displays the mark as a stylized depiction of a forward leaning shark in nearly a front profile with a portion of a dorsal fin, two pectoral fins and two legs and feet substituted for the caudal fin on the tail. The shark has five gills, a full mouth with teeth and round eyes with eyelids; however, the drawing displays the mark as a stylized depiction of an upright shark in full front profile with no dorsal fin, two full pectoral fins and two legs and feet; the shark has three gills and the shark's mouth appears without teeth; the shark also has oval eyes without eyelids."
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