Jan 4, 2022

Can the real Slim Shady please stand up?

Rapper and music producer Marshall Mathers, more commonly known as Eminem, has faced many rap battles since his rise to fame in 1999, but his latest battle is a trade mark dispute over the term ‘Slim Shady.’

An application was filed at the United States Patent and Trademark Office for the term “Slim Shady Politics” on 23 February 2021 by Melissa More and Alan Hoffer. The application was filed for use on an internet website featuring information on national and international politics. The applicants argue first date of use dates back to June 2013. An opposition was filed on behalf of Marshall Mathers on 15 November 2021.

The notice of opposition cites reasons of likelihood of confusion and trade mark dilution for the earlier mark “Slim Shady.” The earlier mark was registered in September 2002 by Mathers, enabling representation for Eminem to argue there is no issue as to priority over the term. Eminem’s 1999 debut album “Infinite” featured the term “Slim Shady” several times throughout and he has registered several trade marks protecting the term since first registration.

For a likelihood of confusion to exist, the trade mark generally has to be for related goods and services or be within the same industry. The applicants had until Christmas day to file a response to the opposition - failure to respond may result in a decision being made in favour of Marshall Mathers. It is yet to be heard whether a response has been filed.

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: EU/International, Legal News, News, Trade Marks

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