Katy Perry’s ”Left Shark” Design Rejected

 In Design, Design trademark, Infringement, Intellectual Property, The Trademark Thermometer, Trademark, U.S. Trademark Office


During her halftime performance, at this year’s Super Bowl, Kate Perry had a social media buzz as she danced with two background dancers dressed as sharks. After the performance, she also applied for a Design Trademark with the U.S. Trademark Office to register ”Left Shark”. She has also applied for the wordings ”Left Shark,” ”Right Shark,” ”Drunk Shark,” and ”Basking Shark.”

The “Left Shark” performance, became a huge meme and the sculptor Fernando Sosa started to sell 3-D figures of the Left Shark. Kate Perry responded directly  and did send a cease and desist letter to Fernando, trying to force him to stop the production of the figures.

Kate Perry is capitalizing on the phenomena herself and are selling Onesies and T-shirts on the singer’s website for $130 and $25.

Today the U.S. Trademark Office has rejected her initial attempt to register “Left Shark”. The examiner wrote, ”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”.  Or you can also say: -There’s not enough evidence submitted that when consumers look at the “character” ”Left Shark” and think of a Katy Perry music performance.

That’s why the application is rejected.

To be continued!

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