“The Situation” Has a Trademark Situation

It looks like “The Situation” may not be able to get his name…”The Situation”  trademarked because it looks too much like another trademark…Situation! Boo Hoo! He just got rejected!

According to The Smoking Gun,

Sorrentino earlier this year filed an application with the U.S. Patent and Trademark Office (USPTO) seeking to trademark the handle he has given his abdominal muscles (Sorrentino, 29, wants to market “The Situation” t-shirts and underwear).

However, records show that a USPTO examining attorney has rejected Sorrentino’s application because of its similarity to a “Situation” trademark issued last year to a Memphis retailer selling men’s, women’s, and children’s apparel and shoes. Government lawyer Simon Teng cited a “likelihood of confusion” if a “The Situation” trademark was registered.

Teng swatted away as “unpersuasive” arguments from Sorrentino’s lawyer, who contended that confusion between the Tennessee firm and Sorrentino’s clothing operation “is extremely unlikely to happen.” Teng also was not swayed by Team Sorrentino’s claim that, “The presence of the article ‘The’ is a key component of the mark, as it refers specifically to Mr. Sorrentino, and is reflective of how the term is used when applied to Mr. Sorrentino.”

The Sorrentino appeal included an amusing section briefly describing his “well-known persona and fame,” just in case USPTO officials do not spend their evenings watching MTV.

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