The USPTO doesn’t care who you are, if you’re infringing on someone else’s trademark rights, you’re not getting that mark. Trademark law can actually be dishy, because every application is at the mercy of the USPTO—whether it’s an application from Joe Schmo of Schmo and Co., or from Kim K. herself.

Copyright and trademark law is not a science, which, truth be told, means there’s room for a fair amount of drama. But why pretend we’re above the drama when we can lean into it and learn from it? Not only is celebrity trademark drama just plain fun, it’s also incredibly interesting and useful. Inevitably, there are lessons to be learned by following high-profile cases.

Here are five celebrity trademark train wrecks AND legal takeaways for business owners like you.

Yankees Player Aaron Judge and the MLB Players Association

A man in Nassau County, New York very suspiciously applied to trademark the phrases “All Rise” and “Here Comes the Judge” to use as a design mark for apparel just four days after Yankees player Aaron Judge won the All Star Home Run Derby in 2017. The slogans “All Rise” and “Here Comes the Judge” have both been used in MLB in association with Judge for years, which gives them common-law trademark rights.

Both Judge and the Major League Baseball Players Association opposed the Nassau County man’s applications (costing them a lot of money, undoubtedly), and the USPTO’s Trademark Trial and Appeal Board agreed, ultimately denying the man’s trademark applications on the grounds that the marks would be likely to cause confusion or even deceive consumers.

The Lesson

Don’t assume that no one will try to capitalize on you and your IP. Get that trademark app filed ASAP! After all, if you were in Judge’s shoes, would you have the money to defend your business name or other unregistered, common-law trademark by opposing someone else’s trademark application through litigation? Assuming you’re not a professional athlete, the expense probably would not be a drop in the bucket like it was for Judge and the MLB Players Association.

Meghan Markle

Meghan Markle’s podcast, now Archetypes with Meghan, suffered a setback when the USPTO issued an office action initially denying her company’s application to trademark “Archetypes” for use as a podcast name about stereotypes and issues facing women. The examining officer cited the name as being too similar to someone else’s registered mark (and, in fact, the registered mark is the exact same word, Archetypes).

Markle’s legal team must have thought that the classes of goods and services they wanted to trademark Archetypes for (downloadable and non-downloadable podcasts) would be different enough from the classes of goods and services already covered by the existing mark, but the USPTO disagreed.

The Lesson

Even if you’re a duchess, you might not get what you want—at least if what you want is a trademark from the USPTO. Markle’s legal team is undoubtedly experienced, but they missed the mark on this one. No matter who you hire to help you file your application, there is ALWAYS risk involved. Your best bet, though, is to hire someone who follows trademark cases like they’re soap operas and learns from others’ mistakes.

Eminem vs. Real Housewives

Will the real Slim Shady please stand up? (Sorry, we had to!) In this celeb vs. celebs battle over trademarks, rapper Eminem’s legal team has filed opposition to a trademark application from two Real Housewives of Potomac stars for the phrase “Reasonably Shady”.

Gizelle Bryant and Robyn Dixon from the Real Housewives of Potomac have a podcast called Reasonably Shady, and their trademark application was requesting rights to use this name for podcasts as well as merch. BUT, Eminem has trademarks for his nicknames “Slim Shady” and “Shady” for merch, including apparel like shirts and hats. His team says “Reasonably Shady” is too similar and will cause confusion.

The Lesson

The point of a trademark is to keep consumers from being confused and thinking there’s a connection between brands when there isn’t one. Eminem’s team is saying the word “shady” is the dominant part of his marks, and therefore “Reasonably Shady” is likely to make people think it’s associated with him. Do your homework (or hire someone to do it for you) to avoid this situation altogether.

Kim Kardashian

Kim K.’s going after a trademark for “SKKN by Kim”, the name of her skincare line, and another brand, SKKN+, a boutique skincare studio in Brooklyn, is not happy about it. SKKN+ filed an opposition to Kardashian’s application claiming the brands are too similar and are likely to cause confusion. The Kardashian team’s response was a little snarky, saying it’s clear the opposition is trying to get something from them. BUT, it’s worth noting that SKKN+ filed an application first, and while both applications are still pending, file date does matter.

The Lesson

File early! Like, get on it right now! Someone else might be preparing an application too, and if they file before you, you may be out of luck. We know Kim K. won’t back down on this one, but SKKN+ has the earlier file date. Only time will tell!

Hailey Bieber

Hailey Bieber tried a couple of times to get a trademark for “Rhode” for her line of skincare products. Unfortunately for Bieber, whose middle name happens to be Rhode, RHODE is already a brand name for a company that sells apparel. As you can imagine, the OG RHODE brand wasn't thrilled by the celeb’s attempts to take/use their name. RHODE filed a lawsuit against Bieber for infringing on their trademark.

Bieber pivoted but didn’t back down on the concept of naming her brand after her middle name. She landed on the name HRBeauty LLC with Rhode as a DBA (doing business as) name. She calls the brand rhode skin and/or rhode skin by hailey rhode bieber.

The Lesson

Do your due dilligence, and then pay a lawyer experienced in trademark law to do it too. If you’ve got a pot of gold, feel free to just file applications willy-nilly like a celebrity used to having things handed to her on a silver platter (but don’t expect to actually get those trademarks). If you can’t afford to waste your time and money, file for something that’s both unique to you and doesn’t step on anyone else’s toes.

Celebrities run into trademark issues too

Whether you win the homerun derby, marry a prince, become one of the most recognizable recording artists in the world, happen to be a Kardashian, or shack up with Biebs himself, you’re not special in the eyes of the USPTO. Work with a lawyer who knows her trademark stuff to make sure you’ve got the best shot at protecting your business and brand. 😘

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