Sorry, Katy Perry: ‘Left Shark’ Cannot be Trademarked

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Summary: Katy Perry’s application for a trademark of “Left Shark” has been rejected by the United States Trademark Office.

According to Spin, the goofy dancing shark from the 2015 Super Bowl halftime show cannot be trademarked, thanks to a recent decision from the United States Trademark Office. Katy Perry, who headlined the halftime show, attempted to trademark the design of “Left Shark,” but her application was rejected. David Collier, a trademark examiner, commented that the image of Left Shark does not have a sufficient relationship with the singer to justify a trademark. Instead, the shark’s appearance “identifies only a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.”

  

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In 2012, Perry was named the Billboard Woman of the Year.

According to CNBC, Perry’s company wanted to make “costumes” and “figurines.”

Last year, a group of law schools joined the United States Patent and Trademark Office in a pilot program.

Additionally, the drawing that was submitted to the United States Trademark Office did not match pictures from the halftime show. Collier noted, “Specifically, the specimen displays the mark as a stylized depiction of a forward leaning shark in nearly a front profile with a portion of a dorsal fin, two pectoral fins and two legs and feet substituted for the caudal fin on the tail. The shark has five gills, a full mouth with teeth and round eyes with eyelids; however, the drawing displays the mark as a stylized depiction of an upright shark in full front profile with no dorsal fin, two full pectoral fins and two legs and feet; the shark has three gills and the shark’s mouth appears without teeth; the shark also has oval eyes without eyelids.”

Perry launched a Left Shark ownership campaign when she attempted to stop a man from selling 3-D printed models of the shark.

According to some reports, the Super Bowl is the largest human trafficking event in the United States.

Perry may still be able to trademark the name “Left Shark,” however, so long as she adds more detail to her application, such as whether the costume is for dancing or for Halloween. Although Perry may eventually win the battle over Left Shark, the design remains free—for now. Left Shark has recently been spotted at Coachella and the iHeart Music Awards, according to Yahoo.

Source: Spin

Photo credit: engadget.com