Hanisya Massey, owner of Higher Ground Enterprises in Covina, California, first heard from a lawyer for Higher Ground Productions early this summer.
The case isn’t expected to slow the Obamas’ post-presidency plans to break into the entertainment business — or to prevent them from using the name. The first film from their Netflix deal, “American Factory,” has already been released on the streaming site, and more content is in the works. Massey and her lawyer, Larry Zerner, came back with a proposal to sell the mark — in exchange for what Vana called “significant demands,” including appearances in the Obamas’ TV and film productions.
A few weeks ago Higher Ground Productions filed a petition to cancel Massey’s trademark. Rebecca Tushnet, a Harvard Law School professor and an expert in intellectual property law, said in an interview that the goal of this move would be to determine whether Massey is actively and regularly using the trademark to conduct business. The Obamas’ filing starts a fact-intensive inquiry that could take years to sort out.
“Some judges might feel it’s kind of tacky,” she added, “but it doesn’t affect the legal question of who has the right to the mark.” “It could definitely hurt my business severely,” Massey said. “Because if you Google this, this is the only thing that comes up. And I am pretty much a little needle in the haystack at this point.”
Source: Law Daily Report (lawdailyreport.net)
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