Evan M. Ostfeld, P.A. - October 2020

CATCHPHRASE! 6 Things Celebrities Tried to Trademark — and Some Who Succeeded

Celebrities love to trademark all sorts of things for one simple reason: People associate certain words with the celebrity’s brand, and the celebrity wants to protect that. It makes sense from a business perspective, but sometimes, it can get a little silly. Read on to see what the U.S. Trademark and Patent Office gave its blessing to and which trademarks it outright refused to create. Blue Ivy Carter Just days before their first daughter was born in 2012, Beyoncé and Jay-Z filed for a trademark on her name. The problem was that a wedding planning company called

Blue Ivy was already using the name. Plus, Jay-Z mentioned to the media that their intention was to prevent others from using it. The trademark was denied. Kylie This generic trademark was filed by Kylie Jenner (of the Kardashians and Jenners). Her intention was to use her trademarked name for marketing purposes. The trademark was denied, and Jenner even ended up in a brief legal battle with singer Kylie Minogue. ‘Let’s get ready to rumble!’ One of the most well-known catchphrases of all time was successfully trademarked in 1992 by its creator, boxing announcer Michael Buffer. Even better, it’s made Buffer a very wealthy man. To date, he has made nearly $500 million dollars by licensing the trademark. ‘Rock Star From Mars’ Back in 2011, actor Charlie Sheen had a very public meltdown. During the episode, he

rambled off countless phrases such as “Duh, winning,” “tiger blood,” and “rock star from Mars.” In the end, he tried to trademark a total of 22 phrases, but all were rejected by the U.S. Patent and Trademark Office. ‘You’re fired!’ Donald Trump is known for many things, including emblazoning his name on everything he owns. Long before he was president and while host of “The Apprentice,” he filed a trademark on the show’s catchphrase. It was denied because it was too close to a preexisting (and trademarked) board game called You’re Hired. ‘BAM!’ TV chef Emeril Lagasse was a pioneer in the world of cooking shows. He popularized cooking on TV and captivated audiences by exclaiming one simple phrase every time he added an ingredient to whatever he was making: “BAM!” Naturally, he trademarked his signature phrase, but he doesn’t discourage people from using it as long as they keep it in the kitchen.

A Look at the Essure Mass Tort Lawsuit When Greed Outweighs Public Health and Safety!

Over the years, you’ve likely heard about massive federal cases that have been filed against corporations on behalf of the many individuals harmed by their products. It was Agent Orange in the 1970s, asbestos in the 1980s, and Roundup weed killer just a few years ago. These cases are massive undertakings that can last years due to the sheer number of plaintiffs they include, which is one reason they captivate the public. Take, for example, a recent mass tort case involving Essure. Essure was an implanted device designed for women. It was a form of permanent birth control and marketed as an alternative to tubal ligation. It was available from 2002 until 2018. In 2018, Essure’s manufacturer and distributor, Bayer, stopped selling the product in the U.S. market (it had already been taken off the market everywhere else in the world in 2017). In September 2019, Bayer began recalling all devices that had not yet been implanted. Years before Bayer issued the recall, it was discovered that some

women who underwent the Essure implant procedure began to report a number of medical issues. Some of them required surgical intervention including: • Hysterectomy • Unintended/ectopic pregnancy • Migration and/or breakage of the device’s micro-inserts • Nickel poisoning, which causes hair loss • Rashes • Metal taste in mouth • Joint/muscle pain • Tooth decay • Perforation of the uterus, fallopian tube(s), and/or other pelvic/ abdominal organs • Abnormal/heavy menstrual bleeding • Severe abdominal/pelvic pain Severe menstrual pain • Autoimmune disorders

Naturally, these findings were alarming. In response, the Federal Drug Administration (FDA) issued a “black box warning” — a warning that must be printed on a drug or device’s packaging indicating serious side effects. It wasn’t until a year later that Essure was finally restricted in the United States. Right now, there are over 16,000 lawsuits filed in relation to Essure. Many of these lawsuits allege Bayer knew the serious risks associated with the device, but kept the product on the market anyway — even actively promoting it to women as safe and effective. If you or a loved one have used Essure and developed complications , call our legal team today at ( 866) BAD RXRX (866-223-7979) to schedule an initial consultation. We will investigate your possible Essure claim at no charge and are here to help!

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