Feb. 29 2024, Revealed 3:23 p.m. ET
Eminem suffered a setback in his battle with Actual Housewives of Potomac stars Gizelle Bryant and Robyn Dixon — and he should sit for a deposition regardless of his efforts to keep away from one, RadarOnline.com has discovered.
Earlier at this time, the USA Patent and Trademark Workplace Board dominated within the case. The board denied Gizelle and Robyn’s latest movement to compel Eminem’s deposition attributable to it being untimely — BUT the board mentioned they agreed Eminem must be deposed shortly.
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The board denied Eminem’s movement for a protecting order that will stop him from being deposed.
Final 12 months, Gizelle and Robyn filed to trademark the title Fairly Shady, the title of their podcast. The duo wished the best to promote merchandise with the title and use it for numerous functions.
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Eminem [real name: Marshall Mathers] filed an opposition to the trademark software. He claimed to have used the ‘Slim Shady’ and ‘Shady’ emblems since 1996.
The rapper mentioned he spent a considerable quantity of money and time to construct the ‘Shady’ model. His opposition argued individuals may imagine he was a part of the creation of Fairly Shady or that he endorsed it.
He accused Robyn and Gizelle of making an attempt to revenue off his work constructing the mark.
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“[Robyn & Gizelle’s] mark REASONABLY SHADY, merely seems to be and seems like SHADY and means that it represents the providers of Mathers,” Eminem’s lawyer wrote. “REASONABLY SHADY so resembles Opposer’s mark SLIM SHADY, SHADY and the mark SHADY LIMITED when it comes to look, sound and industrial impression as to be seemingly, when utilized to [Robyn & Gizelle’s] items, to trigger confusion and mistake and to deceive.”
In response, the Bravo stars mentioned no one believed the rapper was concerned of their podcast and mentioned the mark Fairly Shady was not like his mark.
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Gizelle and Robyn demanded Eminem sit for a deposition to reply questions. The musician claimed it could be “extremely burdensome” for him to seem and advised his supervisor Paul Rosenberg fill in for him.
Eminem’s lawyer mentioned, “It could be unduly burdensome for Mathers to attend a deposition … as a result of he’s presently engaged on initiatives which require his attendance constantly for the subsequent a number of months.”
The fact stars fought his try to keep away from the deposition. “An assertion of Mr. Mathers being too busy is not going to be sufficient to keep away from having to take a seat for a deposition,” Robyn and Gizelle’s lawyer wrote.
“As [Robyn and Gizelle], each celebrities in their very own proper, have supplied the courtesy of sitting for deposition for [Eminem], it’s not overly burdensome for [Eminem] to increase the identical courtesy for his obligation,” the lawyer added.
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Within the latest ruling, the board discovered, “Upon a cautious evaluation of the file and contemplating all of the related details, the Board finds that [Eminem] has not demonstrated good trigger exists for a protecting order prohibiting [Robyn and Gizelle] from deposing him.”
The ruling learn, “Whereas it might be true that Mr. Rosenberg has extra information of details related to the claims herein, Mr. Rosenberg is a third-party to this continuing. [Eminem] doesn’t assert that [he] lacks any private information related to the claims hereinor that his deposition wouldn’t result in the invention of admissible proof.”
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The Board discovered that “the truth that [Eminem’s] deposition testimony might overlap with that of Mr. Rosenberg (or another third-party witness) inadequate to preclude Mathers’ deposition, significantly contemplating he’s the one occasion witness for Opposer.”
Additional, the Board mentioned the truth that Eminem failed to offer any particular details to show his look at a deposition could be unduly burdensome.”
“[Eminem] fails to offer any element relating to the asserted initiatives, their nature, period or method during which they render his look at a deposition unduly burdensome. If, as [Eminem] contends, he has little information related to the problems within the case, the deposition must be comparatively quick.”
Robyn and Gizelle have but to set a deposition date.