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MEMORANDUM

TO: JEFREE STAR


FROM: DENIS S. GRAJO
SUBJECT: MICHELLE DY TRADEMARK INFRENGEMENT OF “JEFFREE
STAR APPROVED”
DATE: September 1, 2018

As per engagement, I have researched a specific area of Intellectual Property Law


which is the Trademark. In this memorandum, I will provide explanation as to
whether or not there exist a cause of action which you may take in relation to your
“Jeffrey Star Apporved” Trademark and Michelle Dy “MD Approved” Series.

ISSUES

1) Whether “JEFFREE STAR APPROVED” is a trademark; and


2) Whether Michelle Dy infringed such mark in her “MD Approved” Series

BRIEF FACTS

Filipino Youtuber Michelle Dy came up with a YouTube channel called “MD


Approved.” As an American makeup mogul, you accused and called out the
attention of the latter YouTube vlogger for copying the idea of your video series. In
a series of Instagram stories, you claimed that the idea is copyrighted in the United
States. And that it’s not just trademarked but also found on your merchandise.

CONCLUSION

“JEFFREE STAR APPROVED” is not a registered trademark and therefore, there


could be no violation or infringement. Also, the same was not copied since Michelle
Dy used the letters “MD” followed by the word “approved.”

A trademark is a word, phrase, or logo that identifies the source of goods or


services. Trademark law protects a business' commercial identity or brand by
discouraging other businesses from adopting a name or logo that is "confusingly
similar" to an existing trademark. It is a distinctive mark of authenticity through
which the merchandise of a particular producer or manufacturer may be
distinguished from that of others, and its sole function is to designate distinctively
the origin of the products to which it is attached.

Using the search functions of the United States Patent and Trademark Office, it is
shown that the phrase “JEFFREY STAR APPROVED” is not a registered
trademark and therefore, not enforceable. In a separate Instagram video, you also
admitted that the same has not yet been registered. Lacking such registration,
YouTube vlogger Michelle Dy could not have infringed your “JEFFREE STAR
APPROVED” in her YouTube series. Lacking such registration, no infringement
proceeding may be initiated.

It is my humble opinion, to have the phrase “JEFFREE STAR APPROVED”


registered. to protect your interest. In the United States of America, Trademarks
can be registered online by filling out the trademark application in the USTPO –
United States Patent and Trademark Office website.

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