With billions of dollars at stake, celebrities’ lawyers have been beating down the door at a surprising government office in hopes of advancing clients’ economic interests by staking exclusivity claims on everything from dolls to dresses to perfumes. That gold rush-style boom, not in copyright requests but rather in mark applications to the U.S. Patent and Trademarks Office, (shown right) also keeps bumping against some hard realities that may make some female stars, especially, and their counsel rethink the supposed advantages of marks versus copyrights.
Although conventional wisdom among barristers may hold that marks may be the better way to build a brand because they permit legal protections for phrases that aren’t exactly unique, it may be that some names, words, sayings, and coinages are just too common or close to material that Uncle Sam already has allowed to be stamped with the signature TM.
This legal speed bump may be especially timely and pertinent for Entertainment Law practitioners to ponder in the wake of the recent decision by a federal court in Manhattan, asking if the intellectual property rights of screen legend Marilyn Monroe, for her estate, may be too generic for protection. Other celebs also have hit some TM woes worth noting. (more…)