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Saturday, February 28, 2015

There Are Limits to Celebrities Use of Trademarks

Katy Perry performed during the halftime show at the Super Bowl. During her performance, a costumed shark appeared. Kate Perry's lawyers filed trademark claims for "left shark", "right shark", "drunk shark" and "basking shark".  Perry's lawyers also sent a cease-and-desist letter to sculptor Fernando Sosa who began selling a Left Shark figurine. Just how far celebrities can go in pursuing trademarks is discussed in Left Shark, Meet The Law: What Can Celebrities Actually Trademark?. Jessica Goldstein, the articles author, asserts "Trademark law doesn't exist to protect a creator from loss of profits; its purpose is to protect the consumer from confusion upon purchase."