Alligator Farm in Florida Files Application to Register CHANCE THE SNAPPER as a Trademark for Clothing, Live Performances by an Alligator

You've probably heard of Chance the Rapper. But CHANCE THE SNAPPER? If you're from Chicago, maybe. This past summer, the 5-foot-long alligator nicknamed Chance the Snapper by an online poll was captured after spending a week in Chicago's Humboldt Park on the city's West Side. After being captured, the city transferred the alligator to the St. Augustine Alligator Farm Zoological Park in St. Augustine, Florida.

It was the St. Augustine Alligator Farm, Inc. that filed a federal trademark application for CHANCE THE SNAPPER on November 7. The application covers:

• Entertainment services, namely, live performances by an alligator (Class 41); and
• Clothing, namely, shirts, hats, jackets, sweatshirts, headwear, footwear (Class 25.

According to the application, the St. Augustine Alligator Farm has been using CHANCE THE SNAPPER as a trademark for these goods and services since at least July 18, 2019 (specimens of use submitted with the application are seen above and below).

But will the alligator farm run into issues with the U.S. Patent and Trademark Office during the registration process? Possibly.

For starters, Chance the Rapper obtained his own federal trademark registration for CHANCE THE RAPPER in 2014, which also covers a variety of entertainment services in Class 41 and apparel in Class 25. If the USPTO believes CHANCE THE SNAPPER is confusingly similar to that mark, it will refuse registration of CHANCE THE SNAPPER under Section 2(d) of the Trademark Act. See TMEP 1207 et. seq.

Regardless of whether the USPTO thinks there is a likelihood of confusion with the CHANCE THE RAPPER mark, it could still refuse registration under Section 2(a) of the Trademark Act, which bars the registration of a mark that "consists of or comprises matter which, with regard to persons...falsely suggests a connection with them." TMEP 1203.03; 15 USC 1052(a).

To establish that a proposed mark falsely suggests a connection with a person or an institution, it must be shown that:

1. the mark is the same as, or a close approximation of, the name or identity previously used by another person or institution;
2. the mark would be recognized as such, in that it points uniquely and unmistakably to that person or institution;
3. the person or institution named by the mark is not connected with the activities performed by the applicant under the mark; and
4. the fame or reputation of the person or institution is such that, when the mark is used with the applicant’s goods or services, a connection with the person or institution would be presumed.

TMEP 1203.03(c)(i). Further "a mark does not have to comprise a person’s full or correct name to be unregistrable; a nickname or other designation by which a person is known by the public may be unregistrable under this provision of the Act." TMEP 1203.03.

What do you think? Is CHANCE THE SNAPPER for entertainment services and apparel confusingly similar to CHANCE THE RAPPER for entertainment services and apparel? Is CHANCE THE SNAPPER a close approximation of CHANCE THE RAPPER, would it be recognized as pointing uniquely and unmistakably to Chance the Rapper, and would people believe Chance the Rapper is associated with CHANCE THE SNAPPER even though he might not be?

We'll find out what the USPTO thinks in approximately three months when this application is reviewed by an examining attorney.

Hot Girl Summer is Here - Megan Thee's Record Label Files Five Applications to Register HOT GIRL SUMMER as a Trademark

It's been dubbed the "catchphrase of summer 2019" and now it's the subject of five federal trademark applications. Rapper Megan Thee reportedly coined the term HOT GIRL SUMMER earlier this year, which she says means "“It’s just basically about women — and men — just being unapologetically them, just having a good-ass time, hyping up your friends, doing you, not giving a damn about what nobody got to say about it." With the phrase taking off, it appears Thee's record company is now taking steps to protect it through federal trademark registrations with the U.S. Patent and Trademark Office.

On July 21, Theory Entertainment, LLC (the legal entity that owns the 300 Entertainment logo trademark registration, which is Thee's record label) filed five trademark applications for HOT GIRL SUMMER, each in a different class (hence the five applications), covering:

• Entertainment in the nature of live performances by a musical artist or entertainer; entertainment in the nature of visual and audio performances by a musical artist or entertainer; and various related services (Class 41);
• Streaming of music, audio material, images, video material and other multimedia content over the internet, wireless networks and other computer networks and electronic communications networks; electronic transmission of streamed and downloadable music, audio, video and other multimedia content for others; broadcasting and electronic transmission of streamed and downloadable digital music, audio, video and multimedia content for others (Class 38);
• A wide variety of clothing items (Class 25);
• Various novelty items like posters, calendars, temporary tattoos, postcards, and scrapbooks (Class 16); and
• Musical sound recordings, downloadable video recordings featuring music, electronic games via the internet, and various related goods (Class 9).

The applications were filed on an intent-to-use basis, which means the record label must actually use the phrase as a trademark for the listed goods and services before these applications can mature into registrations. See TMEP 1101 et. seq.

On that same day, Theory Entertainment filed trademark applications for REAL HOT GIRL SHIT, COGNAC QUEEN, and TINA SNOW, all covering the same goods and services. Back in April 2019, the label filed similar applications for HOT GIRL MEG and MEGAN THEE STALLION.

A few days ago, Billboard.com incorrectly reported that Thee filed a trademark application for HOT GIRL SUMMER on July 10. While an application to register HOT GIRL SUMMER as a trademark for clothing was filed on July 10, it was not filed Thee or her label, but rather by an individual in D.C. who appears to have no relation to the rapper. Procedurally, because that application was filed before Thee's applications, it will be a barrier to Thee's registration of the same mark, but Thee has several options for getting over that barrier, both inside and outside the USPTO (a cease and desist letter, obtaining an assignment of the mark, opposing the application, etc.). 

Is Travis Scott Opening a Retail Clothing Store Called S.P.A.C.E VILLAGE? A Recent Trademark Application Suggests He Might Be

Is the rapper Travis Scott opening up a retail clothing store called S.P.A.C.E VILLAGE? He might be, according to a recent federal trademark application.

On April 22, an entity called LaFlame Retail, Inc. filed an application to register S.P.A.C.E VILLAGE as a trademark with the U.S. Patent and Trademark Office. The application was filed in two classes for the following goods and services:

• Clothing, namely, t-shirts, shirts, long-sleeved shirts, polo shirts, hooded shirts, sweatshirts, hooded sweatshirts, jerseys, shorts, sweat pants, jackets, scarves, pajamas, robes, boxer shorts, boxer briefs, underwear, head bands, wrist bands as clothing, swimsuits, skirts, dresses, bras, cardigans, blouses, tank tops, pants, coats, sweaters, leg warmers, socks, belts; footwear, namely, shoes, athletic shoes, slippers, boots, sandals; headwear, namely, hats, visors, beanies and caps (Class 25); and
• Retail store services featuring clothing and general merchandise; On-line retail store services featuring clothing, general merchandise and downloadable pre-recorded music and video (Class 35).

In short, is appears LaFlame Retail, Inc. intends to use this trademark as the name of an extensive clothing line and a retail clothing store.

Is LaFlame Retail, Inc. associated with Travis Scott? For starters, "La Flame" is the rapper's well-known pseudonym. Further, last month a similarly-named entity called Laflame Enterprises, Inc. used the same attorney to file a trademark application for TRAVIS SCOTT, which I blogged about here. It's therefore safe to assume this application is also related to Travis Scott.

So, does this application mean Travis Scott is actually opening a retail clothing store and/or releasing a S.P.A.C.E VILLAGE clothing line? Maybe. This application was filed on an intent-to-use basis, suggesting the S.P.A.C.E VILLAGE trademark is not currently being used with the goods/services listed above, but LaFlame Retail, Inc. has a bona fide intention to use it in the near future. TMEP 806.01(b); 15 USC 1051(b). If the applicant wants this trademark to actually register, it will need to start using the trademark in interstate commerce and submit sufficient proof of same to the USPTO. See TMEP 1103. If it does not, the application will eventually be abandoned.

According to my quick search, this is the first and only federal trademark application owned by LaFlame Retail, Inc.

Meryl Streep Files First-Ever Application to Register MERYL STREEP as a Trademark

On January 22nd, Mary Louise "Meryl" Streep filed what appears to be her first ever federal trademark application and the first ever trademark application for MERYL STREEP (in the United States, at least).

The trademark application covers "Entertainment services, namely, live, televised, and movie appearances by a professional actress and entertainer; Personal appearances; Speaking engagements; Autograph signings; Providing a website featuring content in the field of motion pictures" in Class 41 and lists a first use date of 1975 (which corresponds with the earliest piece listed in her filmography on IMDB.com - Everybody Rides the Carousel (1975)). The application was filed on Ms. Streeps behalf by Keats Gatien, LLP in Beverly Hills.

Somewhat surprising, this appears to be the first ever trademark application filed for MERYL STREEP in the United States and the only trademark application or registration owned by Mary Louise Streep. As I've blogged about before, celebrities, athletes, and other public figures often seek to register their names as trademarks with the USPTO (like Chrissy Teigen, Conor McGregor, and Jay Leno).

Notably missing from the MERYL STREEP trademark application is Mary Louise Streep's written consent authorizing the registration of her name as a trademark. Section 2(c) of the Trademark Act prohibits the registration of a living individual's name, signature, or portrait without that individual's written consent. This applies to the registration of a living individual's nickname as well. TMEP 1206.01. Before this application can register, that written consent will need to be provided to the USPTO.

Assuming the written consent hiccup is quickly resolved, and the rest of the application passes the USPTO's examination process, Meryl Streep may have a federal trademark registration for her name by the end of 2018.

Amy Schumer Files First Applications to Register Her Name as a Trademark

Amy Schumer, a stand-up comedian, writer, actress, and producer, recently filed what appear to be the first applications to register her name as a federal trademark. On November 23rd, Muffin Schumer, Inc. (which appears to be a holding company for Amy's trademarks) filed two federal trademark applications for AMY SCHUMER with the U.S. Patent and Trademark Office.

One AMY SCHUMER application covers "Entertainment services in the nature of live visual and audio performances, namely, musical, variety, news and comedy shows" in Class 41. The other covers "sweat shirts; t-shirts" in Class 25. According to the applications, Amy has been providing entertainment services at least as early as June 29, 2007. The application in Class 25 indicates she is not yet selling sweat shirts and t-shirts but has a bona fide intention to do so in the near future.

How do we know these applications are affiliated with the real Amy Schumer? Besides the fact that both applications were filed by a company that appears to be associated with Amy Schumer, the comedian also submitted her written consent to the use and registration of her name as a trademark (seen above). Section 2(c) of the Trademark Act requires this written consent when one seeks to register a name, portrait, or signature of a particular living individual as a trademark. See also TMEP 1206 et seq.

According to my quick search, these are the first applications for Amy Schumer's name (as I've blogged about before, it is not uncommon for celebrities and athletes to file applications to register their names as trademarks). However, Muffin Schumer, Inc. did recently obtain a registration for PLUS SIZE BRAIN covering "sweat shirts." Another application for PLUS SIZE BRAIN covering shirts and t-shirts is currently pending.

Kanye West Files Four Trademark Applications for YEEZY SOUND...Is It a New Record Label, Streaming Music Service, or Something Else?

Whatever Kanye West's plans are for YEEZY SOUND, they appear to be big (at least according to four recent trademark applications filed for the name). On November 2nd, Mascotte Holdings, Inc. (a holding company for Kayne's trademarks), filed four applications to register YEEZY SOUND [standard characters] as a federal trademark.

Kayne's holding company filed each application in a different class of goods or services (hence the four applications) and the goods and services covered by these application are extremely broad. Some of the standouts include:

• Streaming of music, audio, images, video and other multimedia content over the internet, mobile devices, wireless networks and other computer networks and electronic communications networks (Class 38);
• Record production; music production; audio recording and production; videotape production; motion picture song production; production of video discs for others; recording studios (Class 41);
• Downloadable musical sound recordings; downloadable video recordings featuring music (Class 9); and
• Retail stores, wholesale stores, mail order services, on-line ordering services and on-line retail store services, and retail store services available through computer communications and interactive television, all of the aforesaid featuring recorded product, music related items, audio-visual products, computer goods, software and games (Class 35)

The applications cover a number of other interesting goods and services, like "virtual reality game software," management of performing artists and talent agencies, "broadcasting of cable television, television and radio programs," and "motion picture film production."

All these applications were filed on an intent-to-use basis, suggesting Kayne is not using these trademarks in commerce yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before these applications can mature into registrations, Kayne must start using the mark with the listed goods and services and submit sufficient proof of same to the U.S. Patent and Trademark Office. See TMEP 1103.

According to my quick search, these are the first applications for YEEZY SOUND filed by Mascotte Holdings, Inc. and are four of the eight applications filed by the holding company with the USPTO this year. Earlier this year, Mascotte Holdings filed applications for YEEZY (various clothing items), WAVE RUNNER (flip flops, sandals, shoes), and two applications for CALABASAS CLOTHING (various clothing items and bags).

So are the YEEZY SOUND applications related to a new streaming music services, record label, retail stores, or something else? Pay attention to these applications to find out.

Jake Paul Files Applications to Register JAKE PAUL, IT'S EVERYDAY BRO as Trademarks

Sometimes controversial actor and YouTube personality Jake Paul has been busy filing federal trademark applications with the U.S. Patent and Trademark Office over the past two weeks. Or, more appropriately, his business entity 10 Digit Investments, LLC has been busy (this entity is listed as the owner of the trademark applications and the California Secretary of State website lists Jake Paul as a member or manager of the LLC).

Jake's business entity filed the most recent trademark application, for JAKE PAUL, on September 8th. That application covered a variety of goods and services, including:

• Musical sound recordings (Class 9);
• A variety of clothing items (Class 25);
• Publicity services; promoting the interests of musicians, entertainers, artists, and social media personalities; advertising services, namely, promoting the brands, goods and services of others (Class 35); and
• Entertainment services, namely, arranging and conducting live performances, personal appearances, television performances, and radio performances by an entertainer, social media personality and performing artist (Class 41).

Additionally, on September 1st, 10 Digit Investments, LLC filed a trademark application for IT'S EVERYDAY BRO, covering similar goods and services as well as bedding, linens, printed materials, and toys. Finally, on August 29th, Jake filed the first JAKE PAUL trademark application, covering bedding, linens, printed materials, and toys.

Noteably missing from the JAKE PAUL trademark applications is Jake's written consent to register his name as a trademark, which is required under Section 2(c) of the Trademark Act. See TMEP 1206.04. Before the JAKE PAUL trademark applications can mature to registrations (assuming everything else is in order), Jake will need to submit this written consent.

According to my quick search, these are the first federal trademark applications filed by Jake Paul and his business entity, 10 Digital Investments, LLC. Loeb & Loeb, a law firm based in Los Angeles and known for representing celebrities and entertainment clients, assisted Jake Paul with these trademark filings.

TINKERBELLE THE DOG Trademark Application Filed For "Modeling" and "Personal Appearances by a Social Media Celebrity"

Oddly, this isn't the first time I've blogged about a trademark application for a "celebrity" dog. First it was Doug the Pug, now it's Tinkerbelle the Dog.

On August 3rd, an individual in New York (who appears to be Tinkerbelle's owner) filed an application to register TINKERBELLE THE DOG as a trademark with the U.S. Patent and Trademark Office. The application covers:

• Entertainment services, namely, personal appearances by a social media celebrity (Class 41);
• Modeling for advertising or sales promotion (Class 35); and
• Promoting the goods and services of others; Retail store services featuring memorabilia, namely hats, calendars, stickers, notebooks, souvenir bags (Class 35).

According to the application, these services have been offered under the TINKERBELLE THE DOG mark since at least as early as June 1, 2014.

Curious to know how much of a social media celebrity Tinkerbelle the Dog really is, I did my own quick search. Surprisingly (or maybe not), the dog has 154k followers on Instagram, 13,944 followers on Facebook (along with 14,528 likes), 2,278 followers on Twitter, and made $20,000 in 2016.

Not bad for a small dog.

Amid Controversy, HBO Files Trademark Applications for CONFEDERATE

When HBO announced a new alternate history drama based on the southern states' successful secession from the union, it drew some controversy. But that didn't stop HBO from filing two applications to register the show's title as a federal trademark a couple days later.

On July 21, Home Box Office, Inc. filed two trademark applications for CONFEDERATE, in standard characters, with the U.S. Patent and Trademark Office. HBO filed one application in Class 9 and the other in Class 41, covering the following goods and services:

• Video recordings featuring a dramatic television series; downloadable video recordings featuring a dramatic television series; downloadable computer games; downloadable computer game software for use with wireless devices and personal computers; downloadable multimedia file containing artwork, text, audio, video, games, and internet web links relating to television; video game cartridges and discs; video game software; mousepads; headphones and earphones; downloadable software in the nature of a mobile application for viewing videos featuring entertainment content relating to a dramatic television series; protective cases specially adapted for laptop computers, tablet computers, smart phones and other portable electronic devices, namely, media players, mobile phones and personal digital assistants; plastic, rubber or vinyl protective coverings specially adapted for laptop computers, tablet computers, smart phones and other portable electronic devices, namely, media players, mobile phones and personal digital assistant (Class 9);
• Entertainment services in the nature of a television series in the field of drama; providing entertainment information, news and commentary via an on-line global computer network; interactive online entertainment in the nature of a website containing non-downloadable photographic, video, audio and prose presentations, and video clips featuring content from or related to a television series in the field of drama (Class 41).

HBO filed the applications on an intent to use basis, suggesting it is not using the mark in commerce with the listed goods and services yet, but has a bona fide intention to do so in the near future (which makes sense considering the show has not yet aired). TMEP 806.01(b); 15 USC 1051(b). Before the marks can register (assuming the examination process goes smoothly), HBO will need to start using the CONFEDERATE mark in interstate commerce in conjunction with the listed services (which may, or may not, happen given the controversy). TMEP 1103; 15 USC 1051(c)-(d).

According to reports, production of Confederate will begin after the final season of Game of Thrones (the Game of Thrones creators are teaming up with HBO to create Confederate).

JAY Z's Company Files 15 Applications to Register JAYBO as a Trademark

A couple weeks ago it was Beyonce filing applications for the names of her and JAY Z's twins, now it's JAY Z's turn. On July 6th, S. Carter Enterprises, LLC (a company associated with JAY Z) filed fifteen applications to register JAYBO as a federal trademark with the U.S. Patent and Trademark Office.

According to my quick research, Jaybo is an animated character in the music video for "The Story of O.J.," a song released as part of JAY Z's new 4:44 album. The full video is available on YouTube. In the video, JAY Z highlights a long history of racist cartoons from major animation studios, including Disney and Warner Bros.

If these recent trademark applications are any indication, JAY Z has plans to take the JAYBO message even further. S. Carter Enterprises, LLC filed the JAYBO applications in fifteen different classes of goods and services (hence the fifteen applications), resulting in a vast range of goods and services being covered. Some of the goods and services covered by the JAYBO applications include:

• Entertainment services in the nature of music videos, cartoon and animated films and live-action, adventure, comedy, drama, music, cartoon and animated television series (Class 41);
• Downloadable motion pictures, music videos, films and television series, programs and shows featuring cartoon and animation, entertainment, adventure, comedy, drama, music, games, sports, live-action, artists, entertainers, the arts, pop culture, pre-recorded live concert footage of audio, visual and dramatic performances (Class 9);
• Broadcasting of cable television, television and radio programs (Class 38);
• Retail store services, wholesale store services, mail order services, on-line ordering services and on-line retail store services available through computer communications and interactive television, with all of the aforesaid featuring cosmetics, fragrances, hair, nail, bath and body products, candles, metal key rings and chains, recorded product, eyewear, music related items... (Class 35);
• Plush toys; dolls and doll accessories; doll costumes; board games; parlor games; card games (Class 28);
• Clothing, namely, shirts, T-shirts, rugby shirts, polo shirts, cardigans, jerseys, pants, jeans, culottes, cargo pants, stretch pants, overalls, jump suits, rompers... (Class 25);
• Furniture; bedroom and living room furniture, computer furniture, office furniture, lawn and outdoor furniture... (Class 20);
• Printed and related matter, namely, comic books, novels and posters (Class 16); and
• Cosmetics; cologne; toothpaste, deodorant (Class 3).

Each application was filed on an intent to use basis, suggesting S. Carter Enterprises is not using JAYBO in commerce with these goods and services yet but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). It also means the company must actually start using JAYBO with the listed goods and services before the applications will mature into trademark registrations. TMEP 902; 15 USC 1051(c)-(d).

If you're a JAY Z fan, keep an eye out for JAYBO merchandise, potentially coming soon.

New Shows Coming From The Cooking Channel?

On August 11th, the Cooking Channel, LLC filed seven federal trademark applications for what appears to be a potential line of new shows. All the applications list services related to a continuing program about food and cooking.

The trademark applications (and possible shows) filed by the Cooking Channel are:

• Big Bad BBQ Battle;
• Big Bad BBQ Brawl (apparently they haven't decided which name to use yet);
• Star Plates;
• Cake Hunters;
• Family Meals;
• Caked; and
• Sugar Showdown.

The Cooking Channel filed all of these applications on an intent-to-use basis, which means they are not using the trademarks in commerce yet but plan to do so soon. Expect to see one or more of these shows on the air within the next year.

Twentieth Century Fox Files Multiple Trademark Applications for Golden "E"

On August 5th, Twentieth Century Fox filed 16 federal trademark applications for the golden letter "E" below. The logo is described as a "stylized letter E in gold with an image of the vinyl player" in the applications.

Each application contains different goods or services that Twentieth Century Fox plans to market under this logo (based on the applications, they are not doing so currently). These goods and services range anywhere from online retail store services featuring fashion accessories to tobacco and cigars, alcoholic beverages, clothing, Christmas ornaments, toys, household items, toiletries, candies, energy drinks, and much more.

The above accessories and goods seem to be related to an application filed by Twentieth Century Fox on the same day for 

Pre-recorded DVDs featuring drama; pre-recorded CDs featuring drama and musical performances; downloadable audio and video recordings featuring drama; downloadable television shows and video recordings featuring drama[.]

It's not clear what Twentieth Century Fox is planning for this stylized "E" but the expansive degree of trademark protection sought for this logo suggests those plans may be big. Stay tuned.