American singer-songwriter Lizzo, whose real name is Melissa Viviane Jefferson’s application for the trade mark “100% THAT Bitch” has been accepted by the United States Patent and Trade Mark Office. Lizzo released the hit single ‘truth hurts’ last year in which the second line of the song states ‘I just took a DNA test, turns out I’m 100% that bitch”. In 2019, she voiced interest in trade marking the phrase and four years later, the mark has been registered. Lizzo’s application was originally rejected by the Office on the basis it was too general to warrant legal protection. Lizzo was also accused of plagiarism over the phrase which was another factor in why the Office rejected the original application. However, the appeal board have overturned the decision, allowing Lizzo to use the mark on goods including clothing and merchandise. The board ruled that when considering the entirety of the record, most consumers would perceive ‘100% THAT Bitch’ to be associated with Lizzo, as opposed to a commonplace expression. This victory will no doubt have Lizzo resonating with the mark. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com. in: Case Law, Consumer Law, EU/International, Legal News, News, Trade Marks
That Stinks!
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