Is Reese Witherspoon's name entitled to trademark protection? Judge weighs claims in actress' suit
Reese Witherspoon. DFree / Shutterstock.com
A Los Angeles judge considering a trademark suit by actress Reese Witherspoon has released a tentative opinion rejecting her claims against a company using her name to market jewelry.
Judge Gerald Rosenberg of Los Angeles superior court said Witherspoon’s name “is not a protectable slogan,” according to the Hollywood Reporter. The tentative opinion, released before a hearing on Tuesday, found no evidence of consumer confusion and said Witherspoon hadn’t established secondary meaning to her full name.
After the hearing, Rosenberg said he would consider lawyers’ arguments before issuing a final decision.
Witherspoon has sued a dozen companies marketing jewelry such as the “Reese Ring” and “Emitations Reese Witherspoon Comparable Wedding Ring.” Some defendants have already settled. The hearing on Tuesday was called to consider trademark claims against Skye Associations, an e-commerce company.
Witherspoon is basing her trademark claim on false endorsement. If she loses on that ground, she will likely press ahead with her claim that Skye violated her right of publicity under California law, the article reports.
