Katy Perry‘s attempt to trademark the design of the Left Shark backing dancer costume from her Super Bowl halftime show has been rejected by the US Trademark Office.
The singer’s Super Bowl half-time show was the most viewed in the event’s history. Perry filed a trademark application for the costume after the back up dancer dressed in the shark costume became a viral hit due to his uncoordinated dancing.
However, Trademark examiner David Collier deemed in a review of the claim that the design “identifies only a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.”
Collier continued: “Specifically, the specimen displays the mark as a stylized depiction of a forward leaning shark in nearly a front profile with a portion of a dorsal fin, two pectoral fins and two legs and feet substituted for the caudal fin on the tail. The shark has five gills, a full mouth with teeth and round eyes with eyelids; however, the drawing displays the mark as a stylized depiction of an upright shark in full front profile with no dorsal fin, two full pectoral fins and two legs and feet; the shark has three gills and the sharks mouth appears without teeth; the shark also has oval eyes without eyelids.”
Perry was recently photographed with a Left Shark wheelie bin at Coachella festival in California. See that image below.
Katy Perry performed with guests Lenny Kravitz and Missy Elliott at the Super Bowl in February, with an average of 118.5m viewers tuning in to see her 12-minute performance. This was up three million viewers on the 2014 Super Bowl, which saw Bruno Mars and Red Hot Chili Peppers play live.