How Beyoncé and Jay-Z Could Still Launch Blue Ivy™ Diapers

The singer and hubby Jay-Z have suffered a minor setback in their effort to trademark their daughter's name

By Leslie Gornstein Oct 22, 2012 11:29 PMTags
Jay-Z, Blue Ivy CarterJae Donnelly/INFphoto.com

What happened with Beyoncé and Jay-Z wanting to trademark her kid's name? Are there Blue Ivy™ brand diapers yet?
—Joanna, via Twitter

When we last checked, the parents of Blue Ivy Carter had moved to trademark their baby girl's name for motives that weren't immediately clear. And while we have yet to see any "non-medicated hair care preparations" or "electric hair-curlers," both actual categories named in the original trademark filing, there is one area where Beyoncé will not be launching a Blue Ivy business.

According to reports, a wedding planning company called Blue Ivy Events will get to retain its good name, at least, in the esteemed eyes of the U.S. Patent and Trademark Office. So if Beyonce and Jay-Z wanted to launch a similar venture, they couldn't use their daughter's name to do it.

However, experts say, the development does not stop the Carters from moving forward in their push to trademark Blue Ivy in all the other areas they've earmarked. Like, you know, electric hair curlers and non-medicated hair care preparations. If they want. (Beyoncé's rep didn't immediately return a request for comment.)

So to be clear: The decision simply states they can't use the name for a wedding planning business. But experts say they can still trademark it for other things.

"No judge ruled that Beyonce and Jay-Z do not have a legal right to protect the name," explains Greenberg Glusker attorney Aaron Moss. "A trademark examiner determined that a Boston company, which began using the name Blue Ivy first, is entitled to register the mark in the field of event planning."

And that's pretty much it.

"Trademark rights are normally limited to particular classes of goods and services, so companies operating in different areas may use the same mark simultaneously unless the fields are related," Moss explains. "That being said, I think the main reason Beyoncé and Jay-Z applied for trademark protection in Blue Ivy was to discourage others from using the name in connection with new products or businesses, and that seems to have worked, at least so far."

So, um, maybe we won't be seeing any Blue Ivy curlers at all. Bummer.