Tuesday, May 5, 2009

Octomom in Trademark Dispute!

"Octomom" Nadya Suleman has filed a trademark application with the USPTO for the term "Octomom" in connection the goods and service of a reality television show and also disposable diapers. (See U.S. Serial Nos 77/711852 and 77/711827). But not everyone is happy about it. It turns out a Texas company not affiliated with Suleman has already filed a federal application for Octomom in connection with an iPhone game. "You press on her belly and she has babies," says CEO Mark Pierce of Super Happy Fun Fun, Inc. SHFF was able to file its "intent to use" trademark application on March 12, 2009, Suleman filed her intent to use application after on April 10, 2009, so Suleman may have been beaten to the punch. However, Suleman's attorney will most likely have to argue that the goods and services are different enough to avoid a rejection. As of today, the USPTO has not issued an office action (rejection) yet of Suleman's trademark application. Stay tuned!

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