Ke$ha, the platinum-selling singer of the dance hit “TikTok” is not happy that Wimo Labs, a Chicago-based watchmaker selling an iPod integrated watched called the TikTok. In April, Ke$ha’s lawyers sent a letter to the company warning them that their TikTok product’s name “was in flagrant and conscious disregard” of Ke$ha’s rights. They also demanded that Wimo turn over its entire supply of the TikTok product. Now, Wimo Labs is fighting back and is seeking a declaratory judgment in federal court that its product does not, in fact, infringe Ke$ha’s rights.  For Ke$ha to prevail, she would have to show that  the majority of consumers associate the watch with her and that consumers are under the impression that the watch is either licensed or endorsed by her. Didn’t the term “tik tok” start with watches and timepieces long before Ke$ha was brushing her teeth with a bottle of Jack? I think Ke$ha has a long way to go before getting exclusive rights to tik tok for timepeices. Check out the allegedly infringing product here.

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