Earlier this month, KISS guitarist Gene Simmons filed an application with the United States Patent and Trademark Office (“USPTO”) to register the “devil’s horns” hand gesture, which he routinely flashes at rock shows, as a trademark for “entertainment, namely, live performances by a musical artist; personal appearances by a musical artist.” This bold move brings up a number of interesting questions, ranging from “Does the gesture really function as an indicator of source that points to Simmons?” to “How will he ever enforce it?” to “Can you really claim trademark rights in a hand gesture?” For a number of reasons,… More
Tag Archives: Celebrity Trademark Watch
Celebrity Trademark Watch: Beyoncé Sues Feyoncé and Fame is the Name of the Game
Beyoncé Giselle Knowles-Carter, known to most as simply Beyoncé, and as “Bey” to those who like to pretend they know her, is about as famous as one can be. She transitioned from the acclaimed group “Destiny’s Child” to become one of the biggest pop stars in the world. Number one hits, Grammy Awards, sold-out tours, and even a reasonably successful film career are firmly under her fashionable belt.… More
Celebrity Trademark Watch: Gift Bag Promoter Not Likely to Thank the Academy for Oscars Trademark Lawsuit
Celebrated film actors have it tough. After all, only two men and two women can take home a “Best” or “Best Supporting” acting Oscar each year. The lucky winners of 2016 will be announced this coming Sunday, February 28, during the 88th awards ceremony presented by the Academy of Motion Picture Arts and Sciences, commonly referred to as the Academy. The Academy Awards are the culmination of a jam-packed film awards season that includes the Golden Globes,… More
Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights
In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to anything or anyone else.” There is something eerily prophetic about this quote, given how Ms. Monroe’s fame endures to this day, seemingly undiminished over time. One can only speculate,… More
Celebrity Trademark Watch: Can Taylor Swift Shake Off Accusations of Trademark Greed?
Had enough of Taylor Swift yet? For those of you who hate to love her, you might consider Swiftamine, because she is not going anywhere anytime soon. If anything, her media foot print continues to grow. And while one expects round-the-clock coverage of the pop music megastar on E! Entertainment Television and the like, she is now showing up on the intellectual property blogs,… More
Celebrity Trademark Watch: What Do Bob Marley and Chicken Fingers Have in Common?
Apparently, the answer is “One Love.” On December 6, 2013, Fifty-Six Hope Road Music, Ltd. (“Hope Road”), which controls reggae legend Bob Marley’s estate, filed a federal trademark infringement action against the restaurant company Raising Cane’s USA, LLC (“Raising Cane’s”). Hope Road alleges ownership of the trademark ONE LOVE in connection with a number of goods and services. It further claims that Raising Cane’s unauthorized use of the same mark in connection with restaurant services is a violation of Hope Road’s rights.… More
Celebrity Trademark Watch: Kardashians Kalled to Kourt?
Kim, Kourtney, and Khloé , the reality-TV triple threat otherwise known as the Kardashians, are going to have to keep up with the federal court in California. The three sisters (not to be confused with Chekhov’s titular ladies), mostly famous for being famous, have been named in a trademark litigation counter-suit filed by the owner of KROMA makeup. The KROMA line was apparently launched in 2010.… More
Celebrity Trademark Watch: Elizabeth Taylor, Godmother of Celebrity Branding, Is This Year’s Highest Earning Dead Celebrity
The history of celebrity endorsements is over 100 years old, dating back to at least the late 19th century when acclaimed stage actress Lillie Langtry began appearing on packages of Pear’s Soap. Marketers have long known that, whether in connection with beauty products, breakfast cereal, soft drinks or yogurt, a celebrity spokesperson can lend “star quality” to a commercial brand. Of course, in today’s marketplace,… More
Celebrity Trademark Watch: Did Tim Tebow “Trademark” his Signature Move?
Within the past few days a number of news outlets, television programs, websites, and blogs have been reporting that former Denver Bronco and current New York Jets quarterback Tim Tebow has received a federal trademark registration for his signature, mid-game prayer gesture in which he drops to one knee while placing a fist against his forehead. This stance is known as “tebowing” and it quickly became an internet phenomenon,… More
Celebrity Trademark Watch: Marilyn, Elvis and Michael Teach Us How to Beat the High Cost of Dying
Marilyn Monroe was perhaps the more clever of Hollywood’s famous dumb blondes. While doubtless no rocket scientist, she nonetheless continues to exploit her carefully honed image to great effect even today. However, 1940’s screen siren Hedy Lamarr, herself a rare beauty, may have been the vixen with the truly beautiful mind. Indeed, she had the intellectual property to back it up — in 1942, several months after the U.S.… More
Celebrity Trademark Watch: Is It Possible to Hip Hop to the Front of the Line?
Every now and then celebrities enjoy perks that you and I can only dream about. For the world’s newest music celebrity, Blue Ivy Carter, this is doubtless true as she has recently gotten some unusual white glove service from a government agency — something we all wish we could get the next time we’re at the registry of motor vehicles. Nonetheless, the life of a celebrity is not all glamour and fancy parties.… More