“Blue Ivy” blues?

I reported earlier that Beyoncé and Jay-Z applied for a trademark on their new babies name Blue Ivy.

The media coverage of a trademark dispute involving Beyoncé and Jay-Z demonstrates how it is possible to oversimplify intellectual property law.

Several media outlets reported that that the famous parents “lost” their bid to trademark their daughter’s name, Blue Ivy, to a Boston-based wedding planner.

However, that is not what really happened.  Beyoncé and Jay-Z  filed a trademark application with the U.S. Patent and Trademark Office to register their daughter’s name for use on a line of baby carriages, baby cosmetics, and diaper bags.

Naturally, after the babies name was revealed other people tried to cash in on the Blue Ivy express.  Before her parent’s application was filed, several others also applied to register the child’s name as a trademark, including a fashion designer who sought to register “Blue Ivy Carter NYC” just four days after the baby was born. The USPTO denied many of the prior filings, stating that the name belonged to a “very famous infant” and consumers would mistakenly assume that her parents endorsed the products.

However, Boston event planner Veronica Alexandra also filed to register her existing business name Blue Ivy Events as a servicemark. The Trademark Office approved her application to register “Blue Ivy” in the limited field of event planning.

So long as Beyoncé and Jay-Z  do not start a party planning business using their daughter’s name, they have not lost anything.  In fact, the mark has already issued in connection with the children’s products identified in the application.

How Can I Help?

Trademarks are generally limited to specific classes of goods and services. Therefore, it is possible for businesses to use the same marks, if they operate in unrelated fields. So if you have a brand or mark that needs protection, or know someone that can use my help, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +