Left Shark 2: Don’t Go in the Water (or in this case, USPTO)

In a previous blog post, we covered the drama surrounding Katy Perry’s attempted copyright claims over the now infamous Super Bowl Left Shark against artist Fernando Sosa and his three dimensional “left shark” figurines. However, the tenacious pop star refuses to give up “unconditionally,” and filed several trademark applications with the US Patent and Trademark Office (“USPTO”) in February 2015, for two design marks representing Left Shark (App. Nos. 86/529,342 and 86/529,321), and the word marks LEFT SHARK (App. No. 86/526,826), BASKING SHARK (App. No. 86/527,055), DRUNK SHARK (App. No. 96/527,031), and, not to be forgotten, RIGHT SHARK (App. No. 86/526,829) for use in connection with a variety of goods (including figurines) as well as live music and dance performance services.

Unfortunately for Perry and her company, Killer Queen, LLC, the USPTO hasn’t been “hot n cold” so much as freezing.

This Is How She Do: Katy Perry Threatens Copyright Suit Over “Left Shark”

The Super Bowl halftime show is nearly as big an event as the Super Bowl itself. Millions of people – many who are less than enthusiastic about football – tune in every year, so it is no surprise that the Left Shark during Perry’s “California Gurls” number received much recognition.

Perry had two dancing sharks behind her while she sang, and unfortunately, the Left Shark, found on “stage right,” seemed to have no idea what was going on, dancing off-tempo and making up its own moves in the background. Left Shark became an instant internet sensation, dancing into jokes, memes, and .gifs. And because the internet is a wonderful medium for the entrepreneurial spirit, Left Shark merchandise began appearing almost immediately afterward.