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DC Comics Opposes Rihanna

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May 21, 2015

Batman and Robin?  More like Robin vs. Robyn.

DC Comics, one of the most well known and successful publishers of comic magazines in the world, has filed a “notice of opposition” with the U.S. Patent and Trademark Office against Rihanna, a well known singer, to stop her recent trademark application from issuing.

In June of 2014, Rihanna filed a trademark application for ROBYN to provide “on-line non-downloadable general feature magazines.”  In November of 2014, the application proceeded to the next step in the trademark process and published in the Official Gazette.  During this publication period, which lasts for 30 days from the date of publication, anyone who has reason to oppose the mark may do so in order to block registration.

What is a Notice of Opposition?

Any person who believes that he or she would be damaged by the registration of a mark on the Principal Register may oppose registration by filing a notice of opposition with the Trademark Trial and Appeal Board, and paying the required fee within thirty days after the date of publication or within an extension period granted by the Board for filing an opposition. See 15 U.S.C. 106337 C.F.R. §§2.101 through 2.107; TBMP §§303 et seq.

The notice of opposition must include a concise statement of the reasons for the opposer’s belief that the opposer would be damaged by the registration of the opposed mark, and must state the grounds for opposition. 37 C.F.R. 2.104(a); TBMP §§309.01 et seq.

Why is DC Comics Opposing Rihanna’s Mark?

DC Comics has issues with Rihanna’s mark because of the similarity with its own mark, ROBIN.  According to DC Comics, as a result of its “reputation, use, enormous sales success and significant investment in advertising, ROBIN has developed secondary meaning and significance in the minds of the public and has become a strong trademark identifying DC Comics’ goods and services exclusively.”  The ROBIN character was introduced in 1940 and has been developed as the sidekick to the world-famous BATMAN character.  DC Comics’ argument rests on the similarity of the marks and goods and services, and argues that consumers are likely to be deceived into falsely believing that the goods offered by Rihanna are associated with those of DC Comics, or that there is some sort of association between the two parties.

You can read the notice of opposition here.

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