Christine Haight Farley Quoted in Law.com About Lizzo's Legal Win at the USPTO's Trademark Trial and Appeal Board
February 15, 2023
Law.com has quoted PIJIP Faculty Director Christine Haight Farley in their story on Lizzo's effort to trademark the phrase "100% That Bitch". The U.S. Patent and Trademark Office (USPTO) originally rejected her trademark application, claiming it was a phrase widely in use by others. However, USPTO's Trademark Trial and Appeal Board subsequently reversed this initial decision.
Professor Farley explained the Appeal Board's reasoning to law.com:
"What the board rested its decision on was the fact that Lizzo seemed to constantly attach the phrase to herself, and her musical services, so that she’s not selling T-shirts that say, ’100% That Bitch.’ She is selling T-shirts that say Lizzo on the front and ’100% That Bitch’ on the back. So the board concludes that it is likely that in the mind of the consumer, all that Lizzo is doing is reaffirming the connection between that phrase and her as a musical artist. And that’s what matters. All that matters is the consumer perception."
Click here for the full story on Law.com.
Christine Haight Farley is a Professor of Law at American University Washington College of Law. She specializes in information law and teaches courses on contract law, intellectual property, advertising law, and art law. Her current research focuses on branding in the age of data-driven advertising and the over protection of design. She serves as Co-Faculty Director of the Program on Information Justice and Intellectual Property and previously served as Associate Dean for Faculty and Academic Affairs.