Jeffree Star Sued For Copyright Infringement... Again

Andrei Mincov's commentary on the original article
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.
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