Print PDFTrademark News: Kesha's clock isn't the only one that goes "Tik Tok"
On May 4, 2011, Wimo Labs, LLC filed a federal trademark suit in Illinois against recording Artist Kesha over the words "Tik Tok". See this link for complaint. According to the complaint, Wimo Labs designs, markets and sells wristbands to hold iPod Nano brand personal media players under the trademark "Tik Tok". Wimo Lab's trademark application is pending.
Wimo further alleges that Kesha claims exclusive rights in her name, trademark, publicity and other intellectual property interests. She also performs the 2010 hit single "Tik Tok". On April 20, 2011, Kesha demanded that Wimo Labs "cease and desist" using the name "Tik Tok" to market its wristband. Wimo Labs then filed its lawsuit asking for a judgment declaring that Wimo Labs is not violating any of Kesha's protected interests by using the name "TikTok". Wimo Labs asserts that Kesha's interests are limited to those of copyright to the song. Since it uses the name as a trademark, it does not infringe on any of Kesha's trademark interests.
Why This Case is Interesting: Reading between the lines of the complaint/attachment, Kesha believes her investment of time and money to promote her image in connection with the song "Tik Tok" is being exploited by Wimo Labs. While trademark law does protect marketing efforts to promote a mark (one of many factors considered in trademark cases), it may not be enough to stop Wimo Labs from using "TikTok". To establish trademark, Kesha would have to establish that consumers associate the mark with Kesha as the source of the product in question. But while consumers probably associate Kesha as the source of the song "Tik Tok", they probably would not associate Kesha as the source of the wristband since she is not known as a wristband manufacturer.
For more about this case and others, visit the Gresham Savage Cyber Law Blog here.