On January 11, four days after Blue Ivy Carter’s birth, Joseph Mbeh filed an application with the United States Patent and Trademark Office seeking a mark for “BLUE IVY CARTER NYC” according to USPTO records. The application by Mbeh, 35, covers “infant, toddler and junior clothing”, including dresses, skirts, sleepwear, and undergarments.
Mbeh’s trademark application was filed without consent or knowledge of the infant’s famous parents. The application, which cost Mbeh $325, was filed by Patricia Elie, a Queens lawyer.
In his USPTO filing, Mbeh contends that he has been using the “BLUE IVY CARTER NYC” name since “at least as early as 01/09/2012,” two days after the child’s birth at Lenox Hill Hospital in Manhattan.
To apparently bolster this claim, Mbeh’s application includes a “BLUE IVY CARTER NYC” logo and a mocked-up photo of girls clothing with hang tags bearing the child’s name.
Mbeh, a Cameroon native and former Phat Farm intern, is co-owner of Fourfront, which he describes as a “street-contemporary couture brand” operating from Manhattan’s Garment District. The firm’s clothing, Mbeh reports, has been worn by celebrities like the rapper T-Pain and Ray J, who once appeared in an X-rated home video with Kim Kardashian.
This week, the clothing designer has withdrawn his application to trademark the name of Beyonce and Jay-Z’s newborn daughter after a government lawyer gave a preliminary thumbs down to his bid.
United States Patent and Trademark Office records show that Joseph Mbeh this week abandoned his effort to secure a mark for “BLUE IVY CARTER NYC”.
Mbeh abandoned his bid immediately after a USPTO attorney cited several reasons for refusing to register the trademark. The lawyer noted: "Please see attached third party evidence showing BLUE IVY CARTER to be a famous infant whose parents are singer Beyoncé and rap artist Jay-Z. This evidence shows BLUE IVY CARTER is a famous individual. As Applicant's mark contains the term BLUE IVY CARTER, the fame of the individual is of such a nature consumers will see a connection between them and applicant's marl. Additionally, as the attached evidence demonstrates, the purchasing public is aware of celebrities promoting and sponsoring lines of fashion in their names. Thus the will be a presumption, though incorrect, that a line of apparel bearing the name BLUE IVY CARTER, is connected with the child through the control of her parents."
While Mbeh’s application is dead, a second “Blue Ivy” trademark application remains pending. A Queens-based clothing firm last week filed to trademark “BLUE IVY GLORY IV” for use on fragrances, skin creams, facial scrubs, and body glitter. Curiously, the company claims to somehow have been using the phrase “in commerce” since February 2011."