Intellectual Property, Trademarks

Melania Trump's Trademark Battle

Melania Trump is gearing up for a battle over her good name and use of her image.

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(Photo by Jack Taylor/Getty Images)

(Photo by Jack Taylor/Getty Images)

Melania Trump is gearing up for a battle over her good name and use of her image in her native Slovenia. It seems a cottage industry has popped up, placing her name and visage — without authorization — on a slew of products, in the hopes of monetizing a vague connection to the First Lady. As The Fashion Law reports:

Honey “from Melania’s home garden,” “best-selling” pancakes named after the former model, and billboards constructed with her image on them are just a few of the many items that Slovenian entrepreneurs have been utilizing and/or offering for sale since Mrs. Trump’s husband, Donald Trump, began campaigning for his now-role as President of the United States.

Though her lawyer notes they are reluctant to formally pursue legal remedies against those using Mrs. Trump’s name and image for financial gain (which may be shocking given her husband’s predilections), they still want it known that Melania’s protected trademarks are being infringed upon:

“We just want to draw public attention to the fact that the words ‘Trump,’ ‘Melania’ and ‘Melania Trump’ are protected trademarks and that use of Mrs. Trump’s image, name and characteristic features for commercial purposes may amount to violations of her right of publicity,” Natasa Pirc Musar, counsel at Slovenian law firm, Pirc Musar & Partnerji, said in December. She further noted: “We issued a press release and sent it to all Slovenian media. Now we count on people’s prudence to stop the practice.”

But not all uses of her name will be treated equally:

Musar noted that goods and services that make use of Trump’s photo or last name are top priority right now. She said that she does not mind that a giant Christmas tree in the Slovenian capital of Ljubljana is called Melania. On the other hand, a billboard advertisement erected in Sevnica featuring Mrs. Trump’s image, is representative of an unauthorized use that the firm will target.

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So Slovenians looking to pay homage to Mrs. Trump should tread carefully.

Melania Trump’s Likeness is Being Misappropriated in Slovenia, What About the US? [The Fashion Law]

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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