Pacific Rim, Inc., maker of a new brand of headphones for iPods and iPhones, apparently isn’t too familiar with pop culture, and possible trademark conflicts with its new “iDiddy” headphones. Rapper P.Diddy (or Diddy) was quick on the draw to oppose the mark with the Trademark Trial and Appeal Board of the USPTO. It seems pretty clear that a set of headphones could carry an association with a popular hip-hop icon. Especially when P.Diddy already has a trademarked merchandise brand called “P.Diddy.”
Adding to Pacific Rim’s blunder, they filed a use-based application, when the headphones had actually never been shipped or sold anywhere. According to a statement by Pacific Rim:
“When we paid money and brought up the website ididdy.com, we believed that the mark was being used in commerce. When we contracted for packaging design and the logo for ididdy, we believed we were using the mark in commerce. When we placed a manufacturing order and deposit for ididdy manufacturing we believed we were using the mark in commerce. Monetary payment had taken place with respect to the mark and we believed that it was being used in commerce.”
The court declared the application void ab initio.