Cosmetics Company Wins Appeal Over ‘I’m Smoking Hot’ Trademark (2)

A company that wants to register “I’m Smoking Hot” as a cosmetics trademark is likely able to do so without causing consumer confusion with Coty US LLC’s Smokin’ Hot Show Time mascara, an administrative trademark tribunal said.

The ruling shows that companies can incorporate similar expressions into their brand names without running afoul of trademark law.

The Trademark Trial and Appeal Board on Aug. 23 revived FabFitFun Inc.’s application to register I’m Smoking Hot. The board disagreed with a Patent and Trademark Office examiner who said FabFitFun’s proposed use would create confusion with Coty US’s Smokin’ Hot Show Time mascara. ...