by Traverse Legal, reviewed by Enrico Schaefer - September 10, 2010 - p. Trademark News
In a series of trademark registration decisions issued by the United States Patent and Trademark Office (USPTO), the Office has almost roundly denied trademark registration applications submitted by MTV’s Jersey Shore cast members seeking to register marks in their nicknames.
For example, Paul Delvecchio, Jr.’s (recognized on the Jersey Shore as ‘Pauly D’) efforts to get his DJ business going have been stymied in the USPTO by another trademark that has been in effect since 1973. The trademark preventing Pauly D from registering the trademark ‘DJ Pauly’ is held by another DJ going by the nickname ‘DJ Paulie’.
Mike ‘The Situation’ Sorrentino has also run into trademark registration troubles. Sorrentino’s attempt to register the trademark ‘The Situation’ in conjunction with T-shirt and underwear sales was recently suspended by the USPTO.
In support of its decision, the USPTO cited a likelihood of confusion between Sorrentino’s proposed mark and ‘The Situation’ trademark already in use in commerce with a footwear line sold by Yak Shoes. In response, Sorrentino attempted to argue that ‘The Situation’ had developed a secondary meaning that has not been associated with retail stores. However, a USPTO examiner shot back that with the assertion that, “Applicant’s (Sorrentino) bald assertion is unpersuasive.”
Although unable to trademark his nickname, Sorrentino has had success in registering the trademark for ‘Situation Nation’. The USPTO’s report on the ‘Situation Nation’ trademark application reveals that;
“The singsong nature of the sound creates a commercial impression distinct from the other ‘Situation’ marks already on the register.”
Sorrentino isn’t content with his small victory in registering ‘Situation Nation’. He has since applied for trademark registrations for a slew of his catchphrases, including: “Fresh to death” (looking good), “Grenade Free America” (a rallying cry against unattractive dates), and “GTL” (“gym, tan, laundry”).
Also failing to register her nickname, Jersey Shore cast member Nicole Polizzi attempted to trademark ‘Snooki’ in conjunction with books and magazines but was rejected by the USPTO who cited a likelihood of confusion with a cartoon cat called ‘Snooky’. However, outside of the printed materials realm, Polizzi’s ‘Snooki’ trademark application remains open concerning a trademark for personal appearences.
However, at least one of the Jersey Shore cast members seems to have a good chance at trademarking her name. Thresq reports that after initially being rejected because she failed to properly demonstrate the nickname’s use in commerce; Jenni Farley, recognized on the show by her nickname ‘J-Woww’ will likely be able to satisfy the ‘use in commerce’ procedural requirement that previously held up registration of ‘J-WOWW’.
Click here for information on How To Trademark Registration.
For more information on the Jersey Shore Cast’s trademark registration troubles;
Update: “Jersey Shore” gang has trouble trademarking their nicknames — but what about “GTL”?
‘Jersey Shore’ Stars Have Trouble Trademarking their Nicknames
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.