WEBVTT - Ivanka Trump Fights to Keep Her Name (Audio)

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<v Speaker 1>Donald Trump has been a famous person and Trump a

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<v Speaker 1>famous brand for decades. Ivanka Trump is now one of

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<v Speaker 1>the most famous women in the world who has carefully

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<v Speaker 1>crafted her image since she first entered The Spotlight and

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<v Speaker 1>her father's show The Apprentice. Her fashion line uses her surname,

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<v Speaker 1>and sales of the Ivanka Trump line have skyrocketed, despite

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<v Speaker 1>calls for Boycott's and some stores dropping the line. Now,

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<v Speaker 1>Ivanka wants to stand alone. At least she wants her

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<v Speaker 1>first name to stand alone. Her brand has moved to

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<v Speaker 1>register a trademark for her first name, Ivanka on various

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<v Speaker 1>fashion items. After all, isn't Ivanka now known by her

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<v Speaker 1>first name like Beyonce or Madonna. The writers of a

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<v Speaker 1>sketch on Saturday Night Live last month poking fun at

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<v Speaker 1>her thoughts, So every man knows her name, every woman

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<v Speaker 1>knows her face. When she walks into a room, all

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<v Speaker 1>eyes are on her. She's Ivanka. That was a sketch

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<v Speaker 1>Ivanka Trump did not like very much. Our guest today

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<v Speaker 1>is Donna Tobin. She's co chair of the trademark and

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<v Speaker 1>brand management group at Frankfurt Current Klein and Seltz. Donna,

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<v Speaker 1>what stage is Ivanka's application to trademark her first name

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<v Speaker 1>at Uh. Well, she that particular application UM, as you

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<v Speaker 1>said is it's an intend to use applications, so it

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<v Speaker 1>will be reviewed by the trademark office. When she uses

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<v Speaker 1>it for the goods UM for which she registered, it

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<v Speaker 1>will be allowed. UM. But a little background on the

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<v Speaker 1>Trump and Ivanka's trademark history is interesting. UH. This is

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<v Speaker 1>not the first time that Ivanka or someone on her

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<v Speaker 1>behalf has actually tried to protect her name. UM. The

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<v Speaker 1>marketing potential. Ivanka's first name was apparently first realized early

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<v Speaker 1>on by her mom, Ivana, and some of the earliest

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<v Speaker 1>attempts to register Ivanna's name Ivanka's name involved only her

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<v Speaker 1>first name. Her mom, Ivana, filed an application when Ivanka

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<v Speaker 1>was only a teenager. Uh, and that was Ivanka for Cosmetics.

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<v Speaker 1>It was actually allowed by the Trademark office but never

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<v Speaker 1>issued UM, likely because it was never actually used. As

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<v Speaker 1>we talked about a second ago, UM, you have to

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<v Speaker 1>actually use a trademark. You can file before you use it,

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<v Speaker 1>but you need to use it and improve you've used

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<v Speaker 1>it in the US before you get the registration. A

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<v Speaker 1>u S registration for the single name Ivanka for Cosmetics

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<v Speaker 1>was also granted to her mother in two thousand two. Um,

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<v Speaker 1>so this is not a new thing. Ivanka herself got

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<v Speaker 1>a registration for her own first name for handbags, although

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<v Speaker 1>at that point in time she probably did realize the

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<v Speaker 1>value of the Trump name alone with her name Ivanka Trump. Um,

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<v Speaker 1>she's called that Trump name her birthright. So most of

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<v Speaker 1>her efforts, um were to register Ivanka Trump. But like

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<v Speaker 1>I said, early on, that name was um the subject

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<v Speaker 1>of trademark applications in the trademark office. Donna, how easy

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<v Speaker 1>is it to trademark just a first name? I mean

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<v Speaker 1>you think about all the entertainers we know just by

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<v Speaker 1>their first name, you know, Prince Madonna Adele. Uh. Do

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<v Speaker 1>most of those people, for example, have trademarks on their

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<v Speaker 1>first name. Um? Yes, I mean again, keeping in mind

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<v Speaker 1>that trademarks have to be registered or used in connection

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<v Speaker 1>with goods. So if you're just a famous person, um,

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<v Speaker 1>let's say a singer, or you know, someone who's not

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<v Speaker 1>really monetizing for goods like hand biggs or clothing, Um,

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<v Speaker 1>you can't file a registration just for yourself. You have

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<v Speaker 1>to tie it to goods or services or something that

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<v Speaker 1>you are offering in connection with those goods. So someone

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<v Speaker 1>who doesn't do that could still stop others from trying

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<v Speaker 1>to create a false association. UM. You know Beyonce for example,

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<v Speaker 1>there aren't many other Beyonce's out there, so everyone recognizes her.

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<v Speaker 1>And if someone tried to register Beyonce for something that

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<v Speaker 1>she didn't even think of registering, they could think she

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<v Speaker 1>could still stop them. I mean, UM, that would be

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<v Speaker 1>a false association. So yes, if a celebrity or someone

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<v Speaker 1>knows the famous first name is thinking and wants to

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<v Speaker 1>market themselves with products and services, they can expand that

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<v Speaker 1>reach to goods. UM, and the Trumps certainly know about marketing.

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<v Speaker 1>Let's talk though, about something which seems a little bit

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<v Speaker 1>further out than trademarking Ivanka, and that is that she

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<v Speaker 1>wants to trademark women who Work, which is the title

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<v Speaker 1>of her next book and a personal life dial initiative.

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<v Speaker 1>How difficult would that be? Again, the Trademark office UM

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<v Speaker 1>is guided by the trademark laws, so there's lots of

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<v Speaker 1>different UH hurdles. For example, UM women who work would

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<v Speaker 1>be determined to be descriptive for a group of women

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<v Speaker 1>who are working. UM. You can see where UM working

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<v Speaker 1>women a group of working women wouldn't be able to

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<v Speaker 1>stop people. But you know, she UM. She has actually

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<v Speaker 1>tried to register it for particular services, and in fact

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<v Speaker 1>she owns a registration for hashtag women who work for journals,

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<v Speaker 1>social networking blogs UM not the sort of things, so

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<v Speaker 1>she's been able to register that for those services. She's

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<v Speaker 1>also registered it um without the hashtag for online social

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<v Speaker 1>networking services during those blogs videos. In the field of fashion,

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<v Speaker 1>it certainly seems very generic, but I guess until someone

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<v Speaker 1>challenges it. Thanks so much for being on the show.

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<v Speaker 1>We appreciate it. That's Donna Tobin, co chair of the

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<v Speaker 1>trademark and brand management group at Frankfurt Current Klein and

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<v Speaker 1>Sells