According to Song's complaint, his original creation, "gained instantaneous fame and notoriety, attracting much more media attention than even Aretha Franklin's performance itself . . ."Ouch. We don't doubt the hat's cultural impact, but we would not be surprised if Ms. Franklin is not inclined to purchase any more hats from Luke Song. Bonus: You may be interested to learn that Song's lawsuit is not the first trademark suit filed over an iconic hat. In 1996, Dr. Seuss Enterprises L.P. sued Penguin Books USA, Inc., over a "Cat in the Hat"-styled parody that tells the story of the O.J. Simpson trial. Among the marks that Dr. Seuss Enterprises claimed were infringed was, "the design of the cat's stove pipe hat." Dr. Seuss Enter. L.P. v. Penguin Books USA, Inc., 924 F. Supp. 1559 (S.D. Cal. 1996).
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