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Real Housewives of NY “Pop of Color” Trademark Kerfuffle: Not so fast Kristin, Bethenny’s right. Sort of.

June 11, 2015 1 comment

The IP-meets-reality world according to Professor Evans:

So if you’ve ever wondered what intellectual property law professors do after the semester ends and grades are submitted (except for recuperate from hip surgery), this post may clear it up.

We sleep, travel, surf the Interweb, research and write law review articles, blog, review lesson plans and, of course, catch up on guilty pleasure t.v. (one more day until Orange is the New Black!!!!! … but I digress).

Sometimes if we’re lucky, those to-dos (such as they are) converge into a perfect storm. At least that’s what just happened to me.

Case in point. This afternoon, I was flipping through cable news channels and overwhelmed with the horror that is the escaped murderer debacle in New York. I needed something less intense, less serious, less scary, less … real. So I clicked on over to Bravo to catch the “reality” du jour. I landed on one of my fave Real Housewives franchises (yeah, I said it): Real Housewives of New York.

Oh the “Pop of Crazy” RHONY trademark episode. So much went on … where do I begin. Catch the recap here from RealityTea.com.

The main point of this post is to address Skinny Girl® Bethenny Frankel‘s challenge of Kristin Taekman’s statement that she “owns” the trademark to Pop of Color™ for a nail polish line.

To be fair to Kristin, she certainly has filed. But ultimate registration cannot issue until she demonstrates actual use. So, to be fair to Bethenny, Kristin doesn’t own the federal trademark registration. Yet. She remains a work (and trademark registration) in progress.  Read more…

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