Knobbe Martens partner Jonathan Menkes was quoted by Law360 in the article “Lizzo Convinces TTAB To Register ‘100% That Bitch’ TM,” discussing the TTAB opinion reversing an examining attorney’s refusal to register the artist’s trademark application.
Speaking on the ruling, Menkes said, “The new ruling [indicates] that celebrities may have more leeway with adopting phrases as trademarks compared to noncelebrities. [But if the] consumer perception is the litmus test, then that result is unsurprising.”
He added, “evidence of policing the mark seemed to have persuaded the board that the mark was entitled to registration.”
A lesson one can take away from the ruling, Menkes notes, is that “practitioners can use this case as additional reasons to police a client’s mark.”
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