Eminem Loses Fight With Gizelle Bryant & Robyn Dixon Over Being Deposed in ‘Shady’ Trademark Battle
Feb. 29 2024, Published 3:23 p.m. ET
Eminem suffered a setback in his battle with Real Housewives of Potomac stars Gizelle Bryant and Robyn Dixon — and he will have to sit for a deposition despite his efforts to avoid one, RadarOnline.com has learned.
Earlier today, the United States Patent and Trademark Office Board ruled in the case. The board denied Gizelle and Robyn’s recent motion to compel Eminem’s deposition due to it being premature — BUT the board said they agreed Eminem should be deposed shortly.
The board denied Eminem’s motion for a protective order that would prevent him from being deposed.
Last year, Gizelle and Robyn filed to trademark the name Reasonably Shady, the name of their podcast. The duo wanted the right to sell products with the name and use it for various purposes.
Eminem [real name: Marshall Mathers] filed an opposition to the trademark application. He claimed to have used the ‘Slim Shady’ and ‘Shady’ trademarks since 1996.
The rapper said he spent a substantial amount of time and money to build the ‘Shady’ brand. His opposition argued people might believe he was part of the creation of Reasonably Shady or that he endorsed it.
He accused Robyn and Gizelle of attempting to profit off his work building the mark.
“[Robyn & Gizelle’s] mark REASONABLY SHADY, simply looks and sounds like SHADY and suggests that it represents the services of Mathers,” Eminem’s lawyer wrote. “REASONABLY SHADY so resembles Opposer’s mark SLIM SHADY, SHADY and the mark SHADY LIMITED in terms of appearance, sound and commercial impression as to be likely, when applied to [Robyn & Gizelle’s] goods, to cause confusion and mistake and to deceive.”
In response, the Bravo stars said nobody believed the rapper was involved in their podcast and said the mark Reasonably Shady was not like his mark.
Gizelle and Robyn demanded Eminem sit for a deposition to answer questions. The musician claimed it would be “highly burdensome” for him to appear and suggested his manager Paul Rosenberg fill in for him.
Eminem’s lawyer said, “It would be unduly burdensome for Mathers to attend a deposition ... because he is presently engaged on projects which require his attendance continuously for the next several months.”
The reality stars fought his attempt to avoid the deposition. “An assertion of Mr. Mathers being too busy will not be enough to avoid having to sit for a deposition,” Robyn and Gizelle’s lawyer wrote.
“As [Robyn and Gizelle], both celebrities in their own right, have provided the courtesy of sitting for deposition for [Eminem], it is not overly burdensome for [Eminem] to extend the same courtesy for his obligation,” the lawyer added.
In the recent ruling, the board found, “Upon a careful review of the record and considering all the relevant facts, the Board finds that [Eminem] has not demonstrated good cause exists for a protective order prohibiting [Robyn and Gizelle] from deposing him.”
The ruling read, “While it may be true that Mr. Rosenberg has more knowledge of facts relevant to the claims herein, Mr. Rosenberg is a third-party to this proceeding. [Eminem] does not assert that [he] lacks any personal knowledge relevant to the claims hereinor that his deposition would not lead to the discovery of admissible evidence.”
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The Board found that “the fact that [Eminem’s] deposition testimony may overlap with that of Mr. Rosenberg (or any other third-party witness) insufficient to preclude Mathers’ deposition, particularly considering he is the only party witness for Opposer.”
Further, the Board said the fact that Eminem failed to provide any specific facts to demonstrate his appearance at a deposition would be unduly burdensome.”
“[Eminem] fails to provide any detail regarding the asserted projects, their nature, duration or manner in which they render his appearance at a deposition unduly burdensome. If, as [Eminem] contends, he has little knowledge relevant to the issues in the case, the deposition should be relatively short.”
Robyn and Gizelle have yet to set a deposition date.
