Recently, Beyonce announced she is creating her own perfume. So many celebreties have created perfumes that it is rather expected these days. But, Abercrombie’s reaction was unexpected.
While Beyonce did not say what her perfume would be called, she filed an intent to use trademark application in January for SASHA FIERCE and perfume. As a result, Abercrombie believes she will be infringing on their FIERCE trademark for a men’s cologne. On that basis they sued her on Tuesday (the same day she publicly made her announcement) in U.S. District Court in Columbus, Ohio.
Beyonce’s people say there will be no infringement and that neither SASHA FIERCE or FIERCE will be used as perfume’s name. That makes me suspect that Abercrombie is after more than protecting their trademark. Are they, perhaps, looking for publicity in these trying economic times?
The first thing any attorney would do before filing an infringement action is contact the alleged infringer. It seems clear that Beyonce would have been willing to make private arrangements with Abercrombie. A simple agreement requiring her to abandon that particular trademark and not to name any fragrance FIERCE (or a derivative thereof) could have been easily made. Instead, Abercrombie looks a little silly to be suing her for something that hasn’t even happened yet and may never happen.
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