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23 April 2015Trademarks

Katy Perry’s shark trademark applications sunk by USPTO

Musician Katy Perry has had two trademark applications related to the ‘Left shark’ design rejected by the US Patent and Trademark Office (USPTO).

The ‘Left shark’ was made famous for its incompetent dancing during Perry’s performance at the half-time show of the Super Bowl on February 1.

The applications, which covered the design of the character, were both directed to use on mobile phone covers and t-shirts.

Perry applied for both trademarks on February 9 through her company Killer Queen. But the applications were rejected on April 15 and April 17.

David Collier, the examiner at the USPTO presiding over the cases, wrote that the applications had been refused because the applied for-marks “identify only a particular character”.

“They do not function as service marks to identify and distinguish applicant’s services from those of others,” he added.

Perry is awaiting a decision from the USPTO on four other trademark applications for the phrases ‘Basking shark’, ‘Left shark’, ‘Right shark’ and ‘Drunk shark’.

The trademark applications, all word marks, were filed while Perry was engaged in a public row with artist Fernando Sosa.

Sosa, a 3D artist, started selling models he had made of the ‘Left shark’ on online marketplace Shapeways shortly after the Super Bowl performance.

Lawyers representing Perry sent a cease-and-desist letter to both Shapeways and the artist, with the former complying with the request and removing the models.

In the letters Perry’s lawyers claimed the singer owned the copyright to the design.

But Christoper Sprigman, a professor of law at New York University, hit back on behalf of Sosa stating that “costumes are not copyrightable”.

On February 18, Sosa announced the ‘Left shark’ model was available again on Shapeways. As well as the model, Sosa has started selling mugs and t-shirts containing the four phrases Perry has attempted to trademark.

In Sosa’s most recent announcement on April 22, he confirmed he is no longer being represented by Sprigman in the dispute with Perry. Instead, John Phillips a lawyer at the The Law Office of John M. Phillips, is representing him.

Daniel Schloss, of counsel at law firm Greenberg Traurig, who representing Perry before the USPTO, did not respond to a request for comment.

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20 February 2015   Singer Katy Perry has fuelled the debate surrounding the ‘Left shark’ character by applying for shark related trademarks including ‘Basking shark’.