My Thoughts on Technology and Jamaica: @katyperry loses trademark claim on Left Shark - Floodgates opened for 3D Printing Characters in Live Performances by Artiste

Thursday, April 23, 2015

@katyperry loses trademark claim on Left Shark - Floodgates opened for 3D Printing Characters in Live Performances by Artiste

3D Printing peeps the world over must be singing praises for Left Shark right now.

This as Katy Perry’s application for a trademark claim on Left Shark has been rejected by the US Trademark Office as noted in the article “Katy Perry's Left Shark trademark bid denied”, published 22 April 2015, BBC News.



For those who missed it, here’s the Katy Perry's Super Bowl XLIX Halftime performance yet again!


Trademark Examiner David Collier in delivering his verdict, said that not only was there no evidence that Left Shark was not an official representative of Katy Perry, as he has no name and doesn’t look like her.

Not only that, but even in the very application they'd filed, the pictorial representation of Left Shark did not look like the Left Shark in Kart Per's performance as noted in the article “Katy Perry's "Left Shark" Design Rejected By Trademark Examiner”, published APRIL 21, 2015 by Eriq Gardner, Hollywood Reporter.

To quote Trademark Examiner David Collier: “Specifically, the [photograph] displays the mark as a stylized depiction of a forward leaning shark in nearly a front profile with a portion of a dorsal fin, two pectoral fins and two legs and feet substituted for the caudal fin on the tail," he wrote. "The shark has five gills, a full mouth with teeth and round eyes with eyelids; however, the drawing displays the mark as a stylized depiction of an upright shark in full front profile with no dorsal fin, two full pectoral fins and two legs and feet; the shark has three gills and the shark's mouth appears without teeth; the shark also has oval eyes without eyelids”.


For the uninitiated, Left Shark came to prominence when the dancer wearing the bodysuit of a shark appeared to be dancing out of synch with the music during Katy Perry's Super Bowl XLIX Halftime performance.

The Video below makes that plainly obvious, yet again.


One thing is for sure though; Left Shark may still be a star in Glu Mobile’s Video Game based on Katy Perry as he's now fair game for anyone to use as noted in my blog article entitled “Glu Mobile signs Katy Perry to make a Mobile Game - Katy Perry and Left Shark in a Celebrity Melee of Gaming Apps”.



This case is a test case that proves that any character that appears in any live performance that's not clearly branded or trademarked by the performer/artiste of the company sponsoring the performer or bearing no likeness to the company or performer/artiste is fair game and can be copied.

Best of all, 3D printing fans like Fernando Sosa, who Katy Perry's lawyers had contacted to stop printing Left Shark, can continue doing his thing as noted in the article “Don't panic, America: Katy Perry can't trademark Left Shark after all”, published 22.04.2015 BY ANDREA ROMANO, Mashable.

I'm just a tad confused as to why the Golden Lion didn't get as much love from 3D Printers as the Left Shark did.



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