"Assuming the existence of the similar marks was not known to the Kardashian team, running checks on the names one wants to register, and variations, could have provided important clues and allowed more lead time to address problems," says, an intellectual property lawyer and partner in the New York office of Culhane Meadows.
"The USPTO will publish the applied-for trademark for opposition," Jacoby explains. "It may negotiate with the applicant for limitations on what the mark to be issued will protect. For example, a disclaimer of a word or words within the proposed trademark could be required." For many, the controversy surrounding Kardashian's latest business venture feels familiar. The reality star — along with other members of her entrepreneurial family — has been involved in trademark drama before., the ill-fated makeup line from Kardashian and sisters Kourtney and Khloé, launched in 2012 but had a short shelf life. After a year in stores, the brand faced multiple lawsuits for copyright infringement.
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