The Royal Family are no strangers to the spotlight. However, in recent weeks Prince Harry and Duchess Meghan have garnered a bit more attention.
The Duke and Duchess of Sussex are in a trademark battle with Joel Fogelson, a California intellectual property lawyer.
The couple’s brand Sussex Royal is at the center of it all.
In June of 2019, Harry and Meghan trademarked Sussex Royal in the UK. Meanwhile, in the U.S, Fogelson decided to file a trademark application for the brand.
He was quoted by TMZ saying that he is trying to teach Prince Harry and Duchess Meghan a lesson in business planning and they shouldn’t overlook such important matters.
But at the end of the day, who is really being schooled?
While Folgeson admitted to TMZ that he does not intend to use the brand in any way, shape or form, that’s not what his application reflected. He actually completed a 1(b) Intent to Use Application with the bonafide intent to use the trademark in commerce.
Now that information has surfaced from his TMZ interview on how he does not plan to use the trademark (if approved), it’s easy to see how his application could be considered fraudulent filed.
According to the United States Patent and Trademark Office, an application is considered fraudulent when an applicant uses a false statement or makes a material misrepresentation, in order to get an application approved.
The battle over Sussex Royal comes after the Duke and Duchess of Sussex made a startling announcement to leave royalty behind and split their time between the U.S and the UK. The couple is hoping to pursue their own ventures and monetize their brand.
While Folgeson says he would willingly give Prince Harry and Duchess Meghan the trademark for free, his game could ultimately be stopped.
The couple actually took it a step further to file an application with the World Intellectual Property Organization on December 31st. This could override Folgeson’s application that was filed on January 8th.
Only time will tell what happens next.
I’ll be keeping an eye out on the outcome for another spill of the legal tea.
But until then, do you have more questions about trademarks?
Maybe you’re curious about copyrights or contracts as well for your brand. I would love to work with you this year to help you put everything in perspective as it pertains to your intellectual property.
If you’re looking to scale your brand with solid intellectual property and expert advice, it’s time for you to get in touch with me.