Gizelle Bryant and Robyn Dixon have accused Eminem of refusing to sit for a deposition in their Reasonably Shady trademark case.
via: Radar Onliine
The legendary rapper [real name: Marshall Mathers] filed a response to Gizelle and Robyn’s recent motion asking the United States Patent and Trademark Office [USPTO] to force him to sit and answer questions under oath.
Earlier this year, Eminem filed an opposition to a trademark application submitted by the Bravo stars. Robyn and Gizelle attempted to trademark the name Reasonably Shady.
The duo has used the name for their successful podcast for over a year. Eminem claimed the name was too similar to Slim Shady and Shady. He said he owned the trademark to both and had spent a substantial amount of time building his brand around the marks.
The rapper argued people might believe he endorsed or produced the Bravo star’s podcast due to the name.
“[Robyn & Gizelle’s] mark REASONABLY SHADY, simply looks and sounds like SHADY and suggests that it represents the services of Mathers,” Eminem’s lawyer wrote. “REASONABLY SHADY so resembles Opposer’s mark SLIM SHADY, SHADY and the mark SHADY LIMITED in terms of appearance, sound and commercial impression as to be likely, when applied to [Robyn & Gizelle’s] goods, to cause confusion and mistake and to deceive.”
He demanded the trademark application be denied. Robyn and Gizelle denied their podcast name confused people or made anyone think Eminem was involved.
As we first reported, recently, Robyn and Gizelle filed a motion seeking to compel Eminem’s deposition.
The duo said they had asked the rapper’s team for available dates but were told a deposition would be “highly burdensome” for the entertainer.
Further, they said Eminem’s reps suggested Robyn and Gizelle depose the musician’s longtime manager Paul Rosenberg, who allegedly had more knowledge of the trademarks than Eminem.
In their motion, Robyn and Gizelle asked the USPTO to not allow Eminem to avoid the deposition.
“An assertion of Mr. Mathers being too busy will not be enough to avoid having to sit for a deposition,” a lawyer representing Gizelle and Robyn wrote. “As [Robyn and Gizelle], both celebrities in their own right, have provided the courtesy of sitting for deposition for [Eminem], it is not overly burdensome for [Eminem] to extend the same courtesy for his obligation.”
Now, Eminem has filed his official response to the RHOP star’s motion. He said his manager Paul had a “far better understanding of the documents, marketing, and advertising than” him.
“Rosenberg has worked with Mathers in connection with his career continuously since at least 1997 and well before his hit album “The Slim Shady LP” was first released in 1999,” the motion read.
While [Eminem] is the listed owner and signatory of the asserted trademark registrations, [Eminem] is removed from the daily activities and details that comprise the use and promotion of Mathers’ SHADY marks,” the filing said.
The USPTO has yet to rule.
