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    LIP Assignment No 3

    Uploaded by

    Apay Grajo
    Jeffree Star accused Michelle Dy of copying his "Jeffree Star Approved" video series trademark with her "MD Approved" series. However, the lawyer's memorandum concludes that "Jeffree Star Approved" is not a registered trademark. As an unregistered trademark, there is no legal basis for a trademark infringement claim against Michelle Dy. The lawyer recommends that Jeffree Star register "Jeffree Star Approved" as a trademark to strengthen his intellectual property rights.

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    LIP Assignment No 3

    Uploaded by

    Apay Grajo
    96 views2 pages
    Jeffree Star accused Michelle Dy of copying his "Jeffree Star Approved" video series trademark with her "MD Approved" series. However, the lawyer's memorandum concludes that "Jeffree Star Approved" is not a registered trademark. As an unregistered trademark, there is no legal basis for a trademark infringement claim against Michelle Dy. The lawyer recommends that Jeffree Star register "Jeffree Star Approved" as a trademark to strengthen his intellectual property rights.

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    Jeffree Star accused Michelle Dy of copying his "Jeffree Star Approved" video series trademark with her "MD Approved" series. However, the lawyer's memorandum concludes that "Jeffree Star Approved" is not a registered trademark. As an unregistered trademark, there is no legal basis for a trademark infringement claim against Michelle Dy. The lawyer recommends that Jeffree Star register "Jeffree Star Approved" as a trademark to strengthen his intellectual property rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    96 views2 pages

    LIP Assignment No 3

    Uploaded by

    Apay Grajo
    Jeffree Star accused Michelle Dy of copying his "Jeffree Star Approved" video series trademark with her "MD Approved" series. However, the lawyer's memorandum concludes that "Jeffree Star Approved" is not a registered trademark. As an unregistered trademark, there is no legal basis for a trademark infringement claim against Michelle Dy. The lawyer recommends that Jeffree Star register "Jeffree Star Approved" as a trademark to strengthen his intellectual property rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MEMORANDUM

    TO: JEFREE STAR


    FROM: DENIS S. GRAJO
    SUBJECT: MICHELLE DY TRADEMARK INFRENGEMENT OF “JEFFREE
    STAR APPROVED”
    DATE: September 1, 2018

    As per engagement, I have researched a specific area of Intellectual Property Law


    which is the Trademark. In this memorandum, I will provide explanation as to
    whether or not there exist a cause of action which you may take in relation to your
    “Jeffrey Star Apporved” Trademark and Michelle Dy “MD Approved” Series.

    ISSUES

    1) Whether “JEFFREE STAR APPROVED” is a trademark; and


    2) Whether Michelle Dy infringed such mark in her “MD Approved” Series

    BRIEF FACTS

    Filipino Youtuber Michelle Dy came up with a YouTube channel called “MD


    Approved.” As an American makeup mogul, you accused and called out the
    attention of the latter YouTube vlogger for copying the idea of your video series. In
    a series of Instagram stories, you claimed that the idea is copyrighted in the United
    States. And that it’s not just trademarked but also found on your merchandise.

    CONCLUSION

    “JEFFREE STAR APPROVED” is not a registered trademark and therefore, there


    could be no violation or infringement. Also, the same was not copied since Michelle
    Dy used the letters “MD” followed by the word “approved.”

    A trademark is a word, phrase, or logo that identifies the source of goods or


    services. Trademark law protects a business' commercial identity or brand by
    discouraging other businesses from adopting a name or logo that is "confusingly
    similar" to an existing trademark. It is a distinctive mark of authenticity through
    which the merchandise of a particular producer or manufacturer may be
    distinguished from that of others, and its sole function is to designate distinctively
    the origin of the products to which it is attached.

    Using the search functions of the United States Patent and Trademark Office, it is
    shown that the phrase “JEFFREY STAR APPROVED” is not a registered
    trademark and therefore, not enforceable. In a separate Instagram video, you also
    admitted that the same has not yet been registered. Lacking such registration,
    YouTube vlogger Michelle Dy could not have infringed your “JEFFREE STAR
    APPROVED” in her YouTube series. Lacking such registration, no infringement
    proceeding may be initiated.

    It is my humble opinion, to have the phrase “JEFFREE STAR APPROVED”


    registered. to protect your interest. In the United States of America, Trademarks
    can be registered online by filling out the trademark application in the USTPO –
    United States Patent and Trademark Office website.

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