Touro Law Review
Abstract
Celebrities use trademark law not only to protect their brands, but also to stake claims on a vast range of potential marks through intent to use (“ITU”) applications—often before any real commercial plan exists. This practice allows celebrities to reserve rights ranging from viral catchphrases to their children’s names which crowds the trademark register, delays legitimate filings by smaller businesses, and forces challengers into costly legal battles. A separate but equally troubling issue arises when a celebrity’s brand overshadows a preexisting weaker mark. In “reverse confusion” cases, courts often focus on whether the celebrity acted willfully, ignoring the fact that immense profits and consumer confusion can occur without malicious intent. The emphasis on intent overlooks the fact that celebrities can reap enormous profits and erase a smaller brand’s identity without ever intending to cause harm. Collectively, the lenient standards governing ITU applications and the inconsistent remedies applied in reverse confusion cases facilitate celebrity overreach, undermining fair competition and diminishing the integrity of trademark law
Recommended Citation
Pyros, Lola-Marie
(2025)
"Celebrity Trademark Overload: The Rising Issue of Excessive Registrations and Reverse Confusion,"
Touro Law Review: Vol. 40:
No.
4, Article 16.
Available at:
https://digitalcommons.tourolaw.edu/lawreview/vol40/iss4/16