We are happy to inform you of a great win of our firm in a trademark opposition case.
One of the questions reviewd in this case is whether merchandise of a rapper constitute trademark use beyond his music services?
EZ, An Israeli rapper singer has opposed our client’s trademark application EZ PUT, a company that sells mobile phone accessories (class 9). The rapper claimed that the mark EZ PUT is confusingly similar to his mark, registered in class 41, that his mark is well known and should gain a wider protection based on his sales of merchandise of shirts and hats.
EZ PUT claimed that there is no likelihood of confusion, that both marks have a different design, style and meaning, that his mark is not well known and that there is no material connection between music services and mobile accessories.
EZ PUT has also claimed that the sale of the fasion merchandise cannot considered as valid trademark use in other classes beyond the music services.
The TM Registrar rejected the opposition entirely while fully accepting EZ PUT claims including the use of merchandise claim:
“A man who purchase a shirt with the name METALLICA doesn’t do so beacause the sign of the band shows the quality or origin of the shirt, but to convey the symbols of the band on his chest as a cultural massage and to show his musical preferences”
EZ PUT was represented by Yossi Sivan – Law Firm