More and more public figures want to protect and make their identity profitable by applying for trademarks. Some requests are more surprising than others.
Taylor Swift filed a trademark for a section of her tour earlier this month, “Female Rage: The Musical“, which samples songs from their new album “The Tortured Poets Department“.
It is not the first time that the international star, valued at more than a billion dollarsrequests legal rights to phrases related to your brand.
In addition to registering your name, initials and Titles of albums, Swift has also made headlines for more obscure requests. Using some of her lyrics, at least in a commercial context, could get you in big trouble.
The adventures of the felines Meredith, Olivia and Benjamin Swift
Among the best-known phrases are “This Sick Beat”, “…Ready For It?” and the occurrence of his album Reputation: “The Old Taylor Can’t Come To The Phone Right Now”.
The term “Swiftmas” is also protected, as are the names of his cats, Meredith, olivia and Benjamin Swift. All of them appear in serial photos and are known to all of the artist’s followers.
Money making machine or preventive measure?
Public figures do not always set out to “become brands of products related to their main activities,” he explains to Euronews Business Jerry Bridge-Butler, trademark attorney Baron Warren Redfern.
“However, once its popularity reaches a certain level, it becomes a very powerful force of attraction that can be used to displace products. Put the band name ‘Taylor Swift’ on any piece of merchandising and it will sell in large quantities to hordes of adoring fans.
Millions and millions and more millions
According to the magazine ForbesTaylor Swift would have entered some 200 million of dollars (184 million euros) in marketing of derivative products in 2023, selling t-shirts, badges and many other items at their tour concerts Eras Tour.
Charlotte Wilding, trademark lawyer at the intellectual property legal protection office, Keltiealso declared to Euronews that registering a trademark is a measure of protection.
“It can be difficult to regain control over a trademark, or an element of a trademark, if it is obtained by a third party, so seeking protection is highly recommended.”
Although it is possible for public figures to regain ownership of their name or brand, is not easy.
Defense of one’s own name: from Neymar to Kylie Minogue
In 2019, the footballer Neymar Júnior won a trial against the Portuguese businessman Carlos Moreirawho had tried to register the name ‘Neymar’ to sell clothes, shoes and hats.
Neymar’s representatives alleged that, given the footballer’s fame, the request had been made “bad faith”.
Another ownership battle took place between Kylie Jenner and Minogue Kylie in 2017.
When Jennerby profession reality starapplied for a trademark on her given name in the United States, Minogue’s team objected, claiming it could cause “damage” to the brand of the Australian singer.
Trademarks: That’s how I like it
Madonna was a pioneer in so many things. She was one of the first celebrities, Frank Sinatra aside, in requesting rights to protect its name and brand in the 1980s, and since then the requests have become much more frequent.
The inevitable in almost any activity Paris Hiltonfront page girl par excellence, has successfully registered her slogan “That’s Hot”, while donald trump has ownership of his presidential motto “Make America Great Again“.
Even poses and postures can be recorded
Another example is Usain Boltwhich filed in the US last year to trademark a logo showing its signature victory-celebratory pose.
The European Union Intellectual Property Officeresponsible for EU trademarks, told Euronews that accepts the enormous number of requests it receives.
The organization received some 175,694 applications in 2023 and registered 161,216 trademarks, bringing the success rate to 91%.
One of the reasons for rejection, according to Niall Tierneya lawyer and intellectual property consultant in Dublin, is that the brand cannot describe the products being sold.
“For example, if a soap manufacturer applied for SOAPY registration for detergent products, it would be denied,” he explains.
In the United States a trademark can only be granted if it is being used, while in the European Union and the United Kingdom this condition does not exist.
Another difference is that in the US the existence of a previous mark implies automatic blocking of new applications. In the UK and EU, it is up to prior rights holders to protect their own trademarks.
Add Comment