Trademark News & Screw-ups Jeffree Star Sued For Copyright Infringement... Again

With trademarks, it doesn't matter when you "develop" your brand. What matters is when your brand has reached enough eyeballs on the market for it to be treated as prior use. In fact, that's precisely what " intent-to-use" trademarks are for: they allow you to protect your brand BEFORE it reaches any noticeable level of notoriety. That's why when you come up with a great idea for something that can be trademarked, the right strategy is not to wait until someone beats you to implementing it. The right strategy is to file for a trademark and then figure out how to monetize your great idea. I don't know all facts of the case. If Jeffree indeed stole Lunatick's design, then he would quite deservedly be found to have infringed Lunatick's trademark. But if, as he claims, he had come up with the idea first, it would just serve as a reminder that even though U.S. trademark system is not "first to FILE", it's not "first to THINK of it" either. It's "first to USE." If you know you can't launch your brand immediately, don't take your chances. Apply for a trademark.

The video below features Andrei Mincov's commentary of this article.

THINKING OF TRADEMARKING YOU BRAND?

DISCOVER MODE

Pick from the topics below or use our search system.

And make sure you subscribe to our YouTube channel for more free educational content.

Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.