It’s bad news for Katy Perry, whose attempt to trademark the ‘Left Shark’ design from her Super Bowl performance has been rejected.
Katy’s finned friend won the hearts of the world and became a viral sensation when he seemed to forget the dance moves during the big show, becoming one of the most talked about people from her epic performance.
Even more so than incredible guest appearances from Lenny Kravtiz and Missy Elliott.
The 30-year-old singers company applied to the US Trademark Office in an attempt to stop people making money from unofficial and non-licensed designs, but the request was denied by trademarks examiner David Collier.
It was said that there wasn’t enough evidence to suggest that people identified Left Shark with Katy’s performance, and that the drawing submitted did not match the real Left Shark.
He wrote that the design “identifies only a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.”
We’re not 100% sure what that means, but bad times.
The trademark refusal comes after Katy’s lawyers ordered Fernando Sosa to remove a design for 3D-printed model of the Left Shark’s infamous costume through Shapeways.com.
Fernando was reportedly selling the design via an online directory of blueprints, but the lawyers said Katy had NOT consented to the shark’s use.
Fernando posted a copy of their letter on his MazSight, which read: “Your unauthorised display and sale of this product infringes our client’s exclusive rights.”
However, this hasn’t stopped Fernando, who is still selling the item on Shapeways and on Etsy, as shown on his MazSight.
For now, we are all still the Left Shark.
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