Welcome to our trademark lawyer blog, where we explore the fascinating world of intellectual property disputes.
In this article, we delve into a high-profile trademark case involving renowned pop star, Katy Perry.
Join us as we uncover the legal complexities and implications of this captivating battle.
Introduction
As you may be aware, Katy Perry is a globally recognised artist known for her chart-topping hits and has built up a strong brand identity.
During her journey from her early days as a gospel singer to becoming a best-selling artist, Katy Perry has established a strategic trademark portfolio.
The Discord
Katy Perry provided the half-time entertainment at the 2015 Super Bowl. During that performance, a backup dancer dressed as a shark stole the spotlight and has since enjoyed significant recognition and fame as “Left Shark”.
Trademarks play a vital role in safeguarding brand identities. Trademarking protects against unauthorised brand use. Katy Perry’s legal team has (under the corporate name, Killer Queen, LLC) filed a number of trademark applications with the United States Trademark Office (USPTO), which reference “Left Shark”. They wanted to monopolise the memorable “Left Shark” phrase and image.
In the United States, as in most other countries (including Australia), a trademark must be sufficiently distinctive, so as to allow consumers to identify it with a specific source or origin for the trademarked goods and services. Otherwise, it will be rejected by the Trademarks Office.
Katy Perry has found herself in dispute with the USPTO in her bid to get exclusive rights to “Left Shark” branding. The USPTO Examiner has rejected two of Katy Perry’s trademarks, which relate to the design of the “Left Shark” costume, but do not include the actual “Left Shark” phrase. The Examiner’s ruling was that the shark costume design did not function as a trademark, as it lacked inherent distinctiveness to identify Katy Perry as the source of the claimed “live musical and dance performances”. The designs were merely of a character costume and failed to identify Katy Perry as the exclusive source of goods or services.
This decision has posed a challenge to Katy Perry’s efforts to protect and capitalise on the viral success of the “Left Shark” phenomenon.
The Bridge: Brand Protection Implications
The USPTO’s decision in this case serves as a reminder of the critical role trademarks play in safeguarding brand identities. Although this was a United States case, similar principles apply in (for example) Australia. Trademarks go beyond legal assets – they serve as important tools in communication, loyalty-building, and establishing a unique brand identity.
This case underscores the significance of selecting trademarks that possess inherent distinctiveness, memorability, and the ability to create strong consumer associations. It also emphasises the importance of conducting thorough trademark searches and due diligence before investing substantial resources in developing and promoting a mark.
What can be learned from this case?
Katy Perry’s trademark case highlights the challenges that even renowned individuals can face in protecting their brand identities. As we explore the intricacies of trademark law, it becomes evident that careful consideration of distinctiveness and consumer association is crucial.
By understanding the interplay between trademarks and other forms of intellectual property, individuals and businesses can navigate the path to success, while preserving their unique identities and respecting legal boundaries. Let Katy Perry’s case serve as a valuable lesson in strategic trademark management as you embark on your own journey of brand protection and growth. This case has gained widespread publicity and attention through media outlets such as the BBC News.
If you are creating, marketing, or have even just rolled out a trademark, we recommend you seek advice from one of our Trademark Lawyers to conduct an audit and research. You will be (pleasantly) surprised by what we find, and our advice.
If you liked this blog, see our other Katy Perry blog here.
For certainty, contact our Trademark Lawyers for advice on your brand today.
