Un-Fin-Ished Business: Katy Perry’s bid to trademark Left Shark design rejected

Katy Perry woke up this morning feeling a bit shark weak.

The US Trademark Office rejected the pop singer’s attempt to trademark the design of the Left Shark dancer from her Super Bowl XLIX Halftime Show performance. The 12-minute show, which featured guests Lenny Kravitz and Missy Elliott, was seen by roughly 118.5 million people, but the costumed shark backup dancers stole the show — especially the Left Shark, whose uncoordinated moves became a viral hit. Soon after, merchandise and other goods depicting Left Shark started popping up online.

According to the NME, Perry blocked a website from selling 3D models of Left Shark, while also unveiling her own Left Shark onesies.

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.”

Left Shark is truly all of us. Recently, Perry posted with a Left Shark trash receptacle at Coachella Music & Arts Festival in California.

Spotted @leftshark doing community service @coachella

A photo posted by KATY PERRY (@katyperry) on