Posts Tagged: "Beyoncé"

Copyright for Choreography: When is Copying a Dance a Copyright Violation?

Recent news reports about choreographer JaQuel Knight’s efforts to copyright some of his iconic dance routines, such as Beyoncé’s “Single Ladies,” are a reminder that such works face steep hurdles when it comes to qualifying for protection. From ballet to breakdance and Swan Lake to Saturday Night Fever, dance is part of every culture—and a surprisingly frequent source of intellectual property conflict. While works of dance clearly are eligible for copyright protection under Section 102(a)(4) of the Copyright Act, determining which dances meet the standard—and which have two left feet—has been tricky and has resulted in a number of high-profile disputes in recent years. However, a recent U.S. Supreme Court ruling in an unrelated copyright dispute may provide important guidance in subsequent dance-related copyright litigation.

Tangled Up in ‘Blue Ivy’: Beyoncé Battles Massachusetts Wedding Planner in Trademark Dispute

Beyoncé is more than just one of the music industry’s most recognizable stars. She has built a business empire that extends into entertainment production, fashion, major product endorsements and even streaming music distribution through the Tidal platform with her husband, Jay-Z. Forbes named Beyoncé its Most Powerful Woman in Entertainment on two occasions, having sold more than 100 million records worldwide. With such a track record of success, it should come as no surprise that Beyoncé is extremely savvy about the importance and value of personal branding and intellectual property. Through her BGK Trademark Holdings, LLC, the singer owns a number of trademarks related to various products and services, ranging from clothing and accessories to cosmetics and charitable services. Case in point: Beyoncé is engaged in a fierce trademark battle with the owner of a Massachusetts wedding planning business over “Blue Ivy”—the name shared by the wedding event business and the singer’s young daughter.

Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case

On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially entered the following day in a trademark case brought by pop music superstar Beyoncé Giselle Knowles-Carter against Feyonce, Inc., a developer of merchandise marketed to engaged people using the brand name Feyoncé. Although the court found no dispute that the mark “FEYONCÉ” was chosen with the intent to capitalize on the famous “BEYONCÉ” mark, Beyoncé’s motion for a permanent injunction couldn’t be granted on summary judgment because there remains a genuine dispute of material fact regarding whether a jury would find that a rational consumer would mistakenly believe an affiliation between the two brands.

TTAB denies Beyoncé requests in BLUE IVY CARTER Trademark Opposition Proceedings

In late December, Beyoncé’s trademark holding company lost out on a motion to amend the TTAB’s standard protective order to make certain information confidential under 37 CFR § 2.120(g). This statute allows parties to make a motion when discovery is sought if they can show good cause that a TTAB order is required to protect a party from annoyance, embarrassment, oppression or undue burden. BGK Trademark Holdings sought an order modifying the TTAB’s standard protective order regarding “private information concerning Applicant [BGK Trademark],” specifically “any and all information” related to Beyoncé, daughter Blue Ivy Carter and husband Shawn Carter, aka Jay-Z.

Are Beyoncé and Jay Z committing fraud on the USPTO?

It appears that Beyoncé’s trademark filing activities raise the question as to whether she, through her trademark holding company, is attempting fraud on the USPTO. “Fraud” is a nasty legal word, but that is the proper term of art to use when there is a question about whether an applicant has been forthcoming and honest with the USPTO. Applicants before the USPTO owe a duty of candor, which if breached by the applicant is because the applicant is said to have committed fraud on the Office… It’s also possible that, if the couple never intended on making the goods and services claimed in the BLUE IVY CARTER application, they have no true intent to offer those same goods and services listed under the RUMI CARTER and SIR CARTER applications.