Jennifer Lee Taylor, Joyce Liou, and Justin Kareem Rezkalla were featured in a World IP Review article about U.S. singer Lizzo winning her fight to trademark a slogan that she was able to prove is strongly associated with her.
According to Jennifer, Joyce, and Justin, the standard used to determine whether a mark functions as a source identifier is how the designation would be perceived by the relevant public, and the burden falls on the examining attorney to prove that a proposed mark will not function as a mark.
In their client alert, the authors wrote: “In Lizzo’s case, the examining attorney failed to meet his burden when he offered only evidence that related to the origin of the expression (it originated from a viral internet meme) and that showed third-party online retailers selling merchandise with the same expression on it.”
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