Monday, September 15, 2014

Creative Use of Trademark

According to a story at BET.com (link), Aussie rapper Iggy Azalea (pictured below) is trying to block release of a video that purportedly features her engaged in "relations" with rapper Jefe Wine.
Iggy

Her attorneys are apparently arguing that because "Iggy Azalea" is a registered trademark in the US, release of the video without her permission is a trademark violation.

Sure enough, she has a US registration for the "Iggy Azalea" mark (link to record in TESS).

Here's the part I don't get:  how does she get her application allowed?  Because Iggy Pop.

Original Iggy
Iggy Pop (hereinafter "Original Iggy") also has registered trademarks in the U.S. protecting his moniker (link to records in TESS).  And Original Iggy's marks are considerably senior.  As you would expect.

Likelihood of confusion?  Certainly not based on appearance. But the marks are word marks, not based on how the Iggys (Iggies?) look.  

Remember, trademarks are supposed to protect consumers.  God help you if you go to download a song from one Iggy and get a song from the other.  Because I'm guessing the respective fanbases overlap not at all.  But don't take my word for it.  Check it out below, and decide for yourself.



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