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Intellectual Property Law

‘Octomom’ Nadya Suleman Seeks Trademark of Tabloid Moniker

Posted Apr 15, 2009 3:49 PM CST
By Martha Neil

The controversial California woman who gave birth to octuplets earlier this year has decided to embrace the moniker with which she is often identified in supermarket tabloids and celebrity gossip magazines.

Late last week, Nadya Suleman filed two applications with the U.S. Patent and Trademark Office seeking rights to "Octomom," reports the Smoking Gun.

Suleman, 33, who also has six other children and no known job, plans to use the appellation to brand products such as disposable diapers, according to the filing by the Averill & Varn law firm of Whittier, Calif. The blog provides a copy of the filing as a featured document.

But "Ms. Suleman may have been a day late and a few dollars short in filing her application," writes JD Supra. Another "Octomom" trademark application was filed in March by a business in Austin, Texas.

Hat tip: TheCelebrityCafe.com.

Earlier coverage:

ABAJournal.com: "Octuplets’ Mom Tells Dr. Phil: Hospital May Think I Can’t Care for My Babies"

ABAJournal.com: "Possible Dad Seeks Paternity Test re Octuplets, Amidst Medical Debate"

Updated at 8:25 p.m. to link to JD Supra post.

Comments

1.

CADreamin'
Apr 15, 2009 11:46 PM CST

How about OctoMom brand condoms. They’d discourage procreation without leaving the box—a guy could just look at Suleman’s picture on the packaging and voila, instant sex hex!!!

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2.

Debra Veoli
Apr 16, 2009 4:43 AM CST

She won’t get the trademark.  It is known as an “obvious” name.  Octo- means 8, and mom means mom.  You can’t get a trademark for something so obvious.  Otherwise, they’d trademark Octopus or October.  You would think the author of this article would know this, but I guess that is my job, to point it out to you.

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3.

B. McLeod
Apr 16, 2009 7:18 AM CST

I thought the “obvious” thing was a patent issue?

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4.

Eric
Apr 16, 2009 8:53 AM CST

@Debra:

I don’t think it’s any more obvious than “three-peat,” and the trademark holder on that one has successfully fended off challenges for more than 20 years.

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5.

Tamera H. Bennett
Apr 16, 2009 12:23 PM CST

The question is whether or not the term Octomom is descriptive as to the goods or services it is attached.  Probably less likely to be descriptive on a line of clothing and more likely descriptive if attached to a TV show about a mom that had 8 kids.  It’s not a one size fits all test.

Tamera Bennett
www.createprotect.com

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6.

LAB
Apr 16, 2009 1:25 PM CST

This woman is just plain insane and greedy.  She is narcissistic and unrealistic.  She needs to be deeply examined to determine if she is in fact able to care for her brood.  I feel sorry for the children.  They seem to have no chance.

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