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20 February 2015Trademarks

Katy Perry seeks US trademark for ‘Basking shark’

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

Lawyers representing the singer’s company, Killer Queen, have filed four trademark applications at the US Patent and Trademark Office (USPTO).

As well as ‘Basking shark’, there have also been applications for ‘Right shark’, ‘Drunk shark’ and the name of the character that started the debate, ‘Left shark’.

The applications, all for word marks, come shortly after Perry was involved in a public row with artist Fernando Sosa surrounding the ‘Left shark’ character, made famous for its dance routine during Perry’s performance at this month’s Super Bowl.

Lawyers representing Sosa and Perry became involved in a war of words after Sosa sold models of the shark that were made using a 3D printer on online marketplace Shapeways.

Perry’s lawyers then ordered the website to remove the products on the grounds that she owned the copyright to the character.

Although Shapeways complied with the order, Christopher Sprigman, a professor at New York University and representing Sosa, wrote to Perry’s lawyers arguing that the shark costume is not subject to copyright protection.

Since then, lawyers representing both parties have been at loggerheads, exchanging letters in which they debate whether the musician can protect the costume with copyright.

The applications are currently live on the USPTO’s website.

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More on this story

Copyright
13 February 2015   The copyright dispute between Katy Perry and artist Fernando Sosa over the ‘Left shark’ has heated up, with the pair’s lawyers exchanging arguments about the rights to the costume.
Trademarks
23 April 2015   Musician Katy Perry has had two trademark applications related to the ‘Left shark’ design rejected by the US Patent and Trademark Office.