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Cashing in on Catch Phrases

By Juliet McNulty on May 19, 2011
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The Internet and social media feed our seemingly insatiable appetite for round-the-clock celebrity news and gossip.  In the process, they have radically transformed the playing field for celebrities, and wannabe celebrities, by making them more readily accessible to the public and more famous than ever before.  The savvy celebrity, recognizing that fame can be so fleeting, is keen to take advantage of a sudden spike in interest before the flame sparks out and the crowds have moved on to the next big thing.

It is no surprise, then, that actor Charlie Sheen, who has been much in the news lately, has apparently been busy filing trademark applications through what is believed to be a related company, Hyro-gliff.  Sheen has received much notoriety for statements he has made in recent interviews, which statements have caught on with the public at large and entered into the lexicon of pop culture.  In particular, Hyro-gliff has filed the following twenty-six intent-to-use based trademark applications at the United States Patent and Trademark Office for a variety of goods and services:

 

App. No.

Mark

85302835 

MASHEEN 

85287333 

SHEENIUS 

85274004 

Design

85272939 

VIOLENT TORPEDO OF TRUTH 

85272938 

CHARLIE SHEEN 

85272934 

SURPRISE. THAT’S WHAT WINNERS DO

85272930

PARK YOUR NONSENSE

85272929

YOU’VE BEEN WARNED

85272927

I AM NOT BI-POLAR, I AM BI-WINNING

85272926

DEFEAT IS NOT AN OPTION

85272925

LIVING THE SHEEN DREAM

85272923

GODDESS SUITE

85272922

WARLOCK LOUNGE

85272918

ADONIS DNA

85272917

TORPEDO OF TRUTH

85272915

SHEEN’S GODDESSES

85272913

S¢K

85271461

WINNING

85271460

SOBER VALLEY LODGE

85271458

VATICAN ASSASSIN

85271457

TIGER WATER

85271456

ROCK STAR FROM MARS

85271455

DUH, WINNING

85271454

TIGER BLOOD

85271453

TIGER PLASMA

85271452

SHEEN’S KORNER

 

Sheen is not the first, and will certainly not be the last, celebrity to apply for trademark protection in the United States for terms and phrases that they have made popular.  Other celebrities who have registered trademarks for phrases they popularized include football star Terrell Owens (I LOVE ME SOME ME for clothing) and socialite Paris Hilton (THAT’S HOT! for men’s and women’s clothing).  Celebrities use and/or license their marks for, among other things, merchandising, so as to capitalize on their economic value. 

The catchiness of a unique term or phrase is a double-edged sword for a celebrity, as the very thing that makes it such a success – widespread recognition and use by the public – also poses the greatest risk to its undoing as a propriety trademark.  So how does a celebrity maintain that fine line between protecting a term or phrase they coined and widespread use by the public of that same term? 

  • Posted in:
    Intellectual Property
  • Blog:
    Re:Marks on Trademark and Copyright
  • Organization:
    DLA Piper

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