Grammy-winner Marshall B. Mathers III, better known as Eminem, recently took legal action to protect his trademark rights by filing a notice of opposition to block the trademark application for “Reasonably Shady”. Gizelle Bryant and Robyn Dixon, cast members of Real Housewives of Potomac, filed the application in connection with various merchandise goods and entertainment services, including podcasts and live events discussing dating, relationships, and current events.
Eminem has used the names “Shady” and “Slim Shady” since the late 1990s and since then, they have become valuable and well-identifiable trademarks for the rapper. He also owns four registered trademarks for the names, including one mark for “Shady” in connection with clothing/apparel goods and three marks for “Slim Shady” in connection with entertainment services, musical sound recordings, and clothing/apparel goods.
In the opposition, Eminem claims, “Reasonably Shady” shares the same dominate portion as his “Shady” and “Slim Shady” marks. Also, “Reasonably Shady” claims connection to clothing and entertainment services, which seems to overlap with the goods and services claimed in Eminem’s “Shady” and “Slim Shady” registrations. Eminem continues to say he “believes he will be damaged” if the USPTO registers the mark due to “unavoidable” consumer misunderstanding and the general public’s perception that the Real Housewives cast members are associated with him. If the Examining Attorney finds the opposition convincing and approves it, the “Reasonably Shady” trademark application will be rejected.
These kinds of oppositions show the importance of a thorough trademark clearance search. Doing a proper search of trademarks in use but not applied for with the USPTO and those that are, can help you assess the risk on infringement and the likelihood of registration before filing an application.
To begin a trademark clearance search with Madan Law PLLC you can fill out our Clearance Search and Report Form here or send us a message here.