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I am not bi-polar, I am bi-winning

6 April 2011

Twenty four trade mark applications, including VATICAN ASSASSIN, VIOLENT TORPEDO OF TRUTH, and LIVING THE SHEEN DREAM were filed between 19 and 22 March 2011 in the United States by Hyro-gliff Corporation, a company linked to Charlie Sheen.  Of the twenty four applications, twenty two are for “Sheen-isms”, one is for the character mark “S¢K” and one is for Sheen’s signature.
 
All twenty four applications have been filed in relation to the same goods and services.  Some are unsurprising, including “video and computer games”, “entertainment services” and “men’s and women’s clothing”.  Others are less expected, for example “tablecloths”, “travel planning” and “kitchen utensils”.
 
T-shirts, ash trays and shot glasses are already available to purchase on Charlie Sheen’s official website featuring the applied for marks WINNING and DUH, WINNING.

It remains to be seen which of the twenty four marks will be granted registration, and whether registration will be granted in respect of all the goods and services listed.  One hurdle for Sheen will be pre-registered identical or similar marks.  For example, Sheen’s WARLOCK LOUNGE application may be objected to by Marvel Characters, Inc which has been the registered owner of the WARLOCK word mark since 1979, both marks covering comic books and graphic novels.  Then there are the hundreds of registered marks which feature the word GODDESS, many in respect of goods and services covered by Sheen’s applications for GODDESS SUITE and SHEEN’S GODDESSES.

However, the more interesting battle is likely to be with those who pipped Charlie Sheen at the post.  For example, two entities applied for registration of the word mark ADONIS DNA in the fortnight before Sheen made the same application (albeit in respect of a broader range of goods and services).  Then there is the individual who filed an application for SOBER VALLEY RANCH, just eight days before Sheen’s SOBER VALLEY LODGE application (both covering clothing).
 
Sheen’s “winning” marks proved to be particularly popular.  Sheen applied for the marks “WINNING”, “DUH, WINNING” and “I AM NOT BI-POLAR, I AM BI-WINNING”.  Four individual applicant’s narrowly beat him to the punch, registering WINNING, BI WINNING, BI-WINNING and UH WINNING (all for clothing).
 
But it seems that opportunity knocked loudest for TIGER BLOOD.  There are nine applications for TIGER BLOOD (or minor variations thereof) predating Sheen’s identical application, while four more were filed just a few days later.  It turns out that TIGER BLOOD is an apt name for energy and supplemental drinks, this being the subject matter of five of the recent applications.  However, those parties may be disappointed to learn that their efforts could be in vain, Zing Brothers LLC Limited having registered the name TIGERS BLOOD for “syrups for making soft drinks” way back in March 2008.
 
Despite Hyro-gliff filing twenty four applications in the space of four days in the United States, it is yet to make any such applications Down Under.  If it does, it may be interested to learn that at least one Australian also saw the value in TIGER BLOOD – an application for the mark in the area of (you guessed it) soft drinks was filed in Australia on 20 March 2011.
 
For those who are interested, Hyro-gliff’s remaining trade mark applications in the US are for: CHARLIE SHEEN; SURPRISE. THAT’S WHAT WINNERS DO; PARK YOUR NONSENSE; YOU’VE BEEN WARNED; DEFEAT IS NOT AN OPTION; TORPEDO OF TRUTH; TIGER WATER; TIGER PLASMA; ROCK STAR FROM MARS; and SHEEN’S KORNER.
 
We cannot wait to see what happens next.  You’ve been warned.

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