Marshmello is unpredictable, to say the least, but a new submission by the producer to the Trademark Trial and Appeal Board may provide insight into the plans for his next venture.
L’Oréal received pushback from the masked music producer over the company’s request to trademark “The Marsh Mellow” for a forthcoming makeup-related product. The opposition brief alleges L’Oréal is not only using the phonetic equivalent of Marshmello’s name, but states they are infringing on the artist’s natural zone of expansion covered by his own trademark.
At this point you may be wondering how a dance music producer could claim that a makeup brand is infringing on his business. The two industries are entirely unrelated. That’s where things get interesting.
The brief goes on to state, “Marshmello, through related entities, sells or intends to sell health and beauty products, including make-up.” Although the Marshmello trademark does not currently cover makeup preparations specifically, he has filed applications to register “The Mello Brand,” which would cover a variety of Marshmello merchandise brands all spun off from his alias.
At this point, Marshmello is well on his way to establishing a diversified commercial enterprise around his image. The famed electronic music producer is the face of Stuffed Puffs marshmallows, has launched an animated YouTube series called Mellodees, and is clearly interested in pursuing additional ventures well beyond the realm of music.
While L’Oréal appears to have disrupted some of the artist’s forthcoming plans, the Marshmello empire is still in the early days. L’Oréal has until December 7th to respond to Marshmello’s opposition.
Source: Law360
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