Eminem has formally objected to efforts by Gizelle Bryant and Robyn Dixon – who both appear in the US TV show ‘Real Housewives Of Potomac’ – to trademark the name of their podcast. And what is that podcast called? Reasonably Shady.
Launched back in May 2021, the official blurb of Reasonably Shady declares that the programme “features conversations about being fearless women” as Bryant and Dixon “recount stories from their exciting lives”.
Which is all well and good, but earlier this month the duo filed an application to trademark the name of the podcast, so that Bryant and Dixon would have the exclusive rights to use their brand for the sale of beauty products, clothing and other assorted tat.
But hang on for one God damn minute, what does the Real Slim Shady have to say about all this? By which I mean, of course, what is the view of rapper, musician, producer and – most importantly of all – Shady trademark owner Marshall Mathers III
After all, as a legal filing with the US Trademark Trial And Appeal Board states, Eminem has “invested a substantial amount of time, effort and money in promoting the name and marks Slim Shady and Shady”.
And those are not just names he uses when releasing some good old rap records remember. No, he provides other goods and services under those names too. In fact, he has also invested “a substantial amount of time, effort and money” in “ensuring the high quality of goods and services provided under the name and marks Slim Shady, Shady and Shady Limited”.
“Applicant’s mark Reasonably Shady so resembles opposer’s mark Slim Shady, Shady and the mark Shady Limited in terms of appearance, sound and commercial impression as to be likely, when applied to applicant’s goods, to cause confusion and mistake and to deceive”, Eminem’s filing continues.
And, of course, both Bryant and Dixon must have been aware of Eminem’s use of the Slim Shady and Shady trademarks before launching their podcast and especially before applying to trademark its name. I mean, they are surely big fans of the US Trademark Office’s database and that would have told them about the rapper’s existing marks.
“As a matter of law, based on opposers’ federal trademark registrations for the marks Slim Shady, Shady and Shady Limited, applicants were deemed to be on constructive notice of opposer’s rights in the marks Slim Shady, Shady and Shady Limited”, the legal filing goes on.
And just to be clear, “there never has been any relationship between applicant and opposer, and opposer has never authorised or consented to applicants use or application to register a mark containing opposer’s registered mark Shady – which is also the dominant portion of opposer’s marks – or Slim Shady or Shady Limited”.
So that’s them told. Bryant and Dixon are yet to respond to Eminem’s opposition to their trademark bid. Which is kind of shady. Well, reasonably shady, I guess.