Donald Trump bragged "I could be the first presidential candidate to run and make money on it." The opportunity to make a buck didn’t stop with the campaign. Lost in the recent news of the court case filed by Melania(TM ) is this surprising fact:
MelaniaTM is a trademark. I first noticed this in the reporting by Teen Vogue, where they pointed out in a story by Alyssa Hardy titled, “White House Website Promotes Melania Trump's Jewelry Line on Official Website: So much for keeping business separate” that the official bio of the First Lady originally included the following promotional plug for her product line:
“Melania is also a successful entrepreneur. In April 2010, Melania Trump launched her own jewelry collection, "Melania™ Timepieces & Jewelry” on QVC.”
While certainly odd and distastefully opportunistic, the way the line is written suggests this is an established product line in existence for several years. So how on Earth could anyone be so crass as to suggest that MelaniaTM was seeking to exploit this “once in a lifetime opportunity” by cashing in on her newfound visibility as First Lady?! Insulting! Ridiculous! Outrageous! I’m such a HATER, right?
Wait a second. Before you get too carried away…. that TM MEANS something very specific. It means you have an active APPLICATION for a trademark. If you already had the trademark it would be noted as ®.
The difference between those two? Time. Not years and years, but months. Another difference? One is provisional and subject to objections, one you already own and has to be defended against infringement.
So why is this relevant? Because if MelaniaTM had trademarked the product line “launched in 2010” that would be a registered trademark by now. Which means it was a recent application. How recent? Glad you asked. It was submitted August 11, 2016.
Word Mark |
MELANIA |
Goods and Services |
IC 014. US 002 027 028 050. G & S: Jewelry namely, necklaces, bracelets, rings and earrings, precious gemstones; semiprecious gemstones; diamonds; pearls; timepieces; watches and watch bracelets, jewelry boxes, jewelry cases, brooches, amulets, anklets, lapel and hat pins, and clocks |
|
|
Drawing |
(4) STANDARD CHARACTER MARK |
Serial Number |
87135745 |
Filing Date |
August 11, 2016 |
Current Basis |
1B |
Original Filing Basis |
1B |
Published for Opposition |
January 17, 2017 |
Owner |
(APPLICANT) Melania Trump INDIVIDUAL UNITED STATES 725 Fifth Avenue New York NEW YORK 10022 |
Attorney of Record |
Patrice P. Jean |
Prior Registrations |
3838961 |
Type of Mark |
TRADEMARK |
Register |
PRINCIPAL |
Other Data |
The name(s), portrait(s), and/or signature(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record. |
Live/Dead Indicator |
LIVE |
That is notable because something important happened a few weeks prior to the filing. Donald Trump was nominated for president at the Republican National Convention in Cleveland. Ok, maybe it’s all an innocent coincidence. Maybe they were busy campaigning and only got around to this after everything settled down. Right? Wrong.
The application is a 1B filing. That means something specific. It means it was an “intent to use” application. If, as the White House page originally implied, this was an established product line which had been sold with that branding for several years, then the application would have been a 1A, or a “use in commerce” application, per USPTO regulations.
If you have already used your mark in commerce with all the goods/services in your application, you may file under the "use in commerce" basis.
Given the option, a Use In Commerce application is a lot better than an Intent to Use application. If you can prove you were the FIRST to use it, you have an advantage over anyone filing a dispute. Trust me, I’ve done it and won against companies you know. Probably right at your fingertips. What makes it even odder is she ALREADY has Melania® (from 2009) with First Use in Commerce listed as April 30, 2010.
So why bother to file a NEW trademark application? Because they INTENDED to expand the product line. When? Well, how about when/if a “once in a lifetime opportunity” arose that provided a global stage to showcase the new product line?
That sounds too cynical to you? Really? Then you must have forgotten what happened after Ivanka appeared on “60 Minutes” wearing her $10,800 bracelet from the Ivanka TrumpTM line of jewelry. Oh yeah, that’s a trademark too. Ivanka has dozens of trademarks.
Again, the reporting by Alyssa Hardy at TeenVogue covered this.
It’s not unprecedented to discuss the outfit worn by a member of the presidential family. In fact, Michelle, Sasha and Malia Obama were a huge source of style inspiration for many, us included. There is a difference, however, when someone uses a platform as important as the presidency to sell the clothes that they are wearing. This is exactly what some journalists are claiming that soon-to-be first daughter, Ivanka Trump, did after her 60 Minutes interview.
You’re probably wondering “How on Earth did those haters get the idea she was hawking her wares?” Good question. Turns out, Ivanka’s brand issued a press release following the interview highlighting the bracelet and letting the world know it was available for the low low price of way too much.
With that family history, it isn’t a stretch to read the intentions behind the claim in the new lawsuit by MelaniaTM seeking $150 million in damages. They aren’t even trying to be coy about it. The speculative damages they are claiming are based on the alleged harm done to a
“unique, once in a lifetime opportunity” to “launch a broad-based commercial brand.”
You read that right. They INTEND to launch a broad-based commercial brand, not “showcase an established brand.” This was going to be a new venture. What exactly was this brand going to be selling? Again, they aren’t being coy.
“These product categories would have included, among other things, apparel accessories, shoes, jewelry, cosmetics, hair care, skin care and fragrance,”
That’s actually broader than the previous trademark or the current application, so you can rest assured they had plans for expansion. You doubt Don the Con would pass up an opportunity to showcase his trophy wife at state affairs so he could point out her fabulous dress, tastefully accessorized with amazing matching MelaniaTM necklace, bracelet and earrings, all available for a limited time on QVC?
If you doubt that, then I’ve got a wall I want to sell you.