The actor Damon Wayans has been engaged in a 14-month fight to trademark the term "Nigga" for a clothing line and retail store, a search of the U.S. Patent and Trademark Office's online database reveals.
Wayans wants to dress customers in 14 kinds of attire from tops to bottoms, and use the controversial mark on "clothing, books, music and general merchandise," as well as movies, TV and the internet, according to his applications.
But, so far, his applications have been unsuccessful. Trademark examiner Kelly Boulton rejected the registration dated Dec. 22, citing a law that prohibits marks that are "immoral or scandalous." A previous attempt by Wayans was turned down on identical grounds six months earlier.
Lynda Zadra-Symes, a trademark lawyer in California, said Wayans may be successful. She compared "Nigga" to the successful registration of Dykes on Bikes. The San Francisco Women's Motorcycle Contingent fought the Trademark Office for three years to overturn an initial rejection of a Dykes on Bikes trademark. The mark was published Jan. 24.
"Because the application was by a group of lesbians it was eventually allowed to publish," Zadra-Symes said.
"This is a great victory," the group proclaimed on its website. "It affirms our right to determine who we are and how we present ourselves to the world."
However, Tawnya Wojciechowski, another trademark attorney practicing in California, compared Wayans' application to the ongoing legal case where Washington Redskins trademarks have been challenged by seven Native Americans. "They're going to have a really tough time," Wojciechowski predicted.
If Wayans succeeds in persuading the Trademark Office to permit the mark, he may have to deal with Keon Rhodan, a 29-year-old entrepreneur in Charleston, South Carolina, who has been using "Nigga" on a line of T-shirts, hoodies and other attire for six years in a part-time, trunk-of-his-car business.
Rhodan, who is black, said that he's sold around 2,000 of the shirts at events. When he began selling the shirts, emblazoned with the term "Nigga," he thought he would take criticism, especially from older people.
"I was in the mall with one of the shirts on, and an old lady said, 'Where did you get that shirt from?'" he said, expecting the worst. "She followed me to the car and bought five shirts for her grandchildren."
"Nigga" as a brand name
"Nigga" as a brand name
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I think Damon Wayan will eventually get his patent, because Dikes on Bikes had the same challenge, but when they agrued that they were realy Dikes that rode Bikes it was accepted a couple years later.
My guess is that Damon will say, "look I am a Nigga" so it is not offensive. The funny thing is a young brother tried to patent the name years ago and failed, but he still went on to sell his cloths, so if Damon does get that patent, my guess is that the guy already selling his cloths under that name will sue. I see a legal mess between blacks fighting in court over the rights to the word Nigga.
My guess is that Damon will say, "look I am a Nigga" so it is not offensive. The funny thing is a young brother tried to patent the name years ago and failed, but he still went on to sell his cloths, so if Damon does get that patent, my guess is that the guy already selling his cloths under that name will sue. I see a legal mess between blacks fighting in court over the rights to the word Nigga.
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so idiotic.....
That would a KKK dream come true.
I can't wait to see what happens when kids go to school and church with it - then no matter what people say about it it will lead to really awkward racial conflicts.perongregory wrote:smart buisness wise cause a lot of people would sport that shit, but socially horrible. This brand would divide the blacks, and it would just make shit hella awkward and hostile.
alonso wrote:I see a legal mess between blacks fighting in court over the rights to the word Nigga.
That would a KKK dream come true.
I wouldn't give them a quarter of the longetivity FUBU had.Individual wrote:to me..it will seem like another fubu..hot for a minute..but then dies
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