Kayla Newman alleges she came up with the phrase “On Fleek” in 2014; the teenager shared the phrase in a 7 second video on Vine.
Apparently, that phrase went viral, and still continues to be used in songs, merchandise and anything that targets millennials.
Kayla Newman, also known as Peaches Monroee, now wants her chance to a big payday, and started a GoFundMe campaign to lawyer up, regain control of her “trademark” phrase, and launch a cosmetics brand.
It just might be too late.
The phrase “On Fleek” remains a phrase, as far as its “inventor” is concerned, as there is no actual use in interstate commerce; according to Roberto Ledesma, IP attorney at ProofOfUse.com.
“Coining a phrase — without more — doesn’t confer any proprietary rights”
Meanwhile, others have stepped in and secured or applied for “on fleek” trademarks, from a cosmetics brand, to food catering for the Hollywood stars, to churros.
And what about the domain situation?
OnFleek.com has been registered since September 2014 and has been for sale since then; its current registrant goes after terms that turn viral in social media and grabs the .com.
Update: OnFleek.com was sold on NameJet for $1,010 dollars, on October 19, 2015, according to NameBio.
Other extensions that are taken include .net, .org, .biz, .us while the .info dropped.
But there’s more – here’s a long list of “OnFleek” domain names:
onfleek.agency
onfleek.biz
onfleek.boutique
onfleek.cloud
onfleek.club
onfleek.com
onfleek.deals
onfleek.design
onfleek.fr
onfleek.guru
onfleek.life
onfleek.link
onfleek.mobi
onfleek.net
onfleek.news
onfleek.nu
onfleek.online
onfleek.org
onfleek.photography
onfleek.red
onfleek.se
onfleek.shop
onfleek.space
onfleek.store
onfleek.style
onfleek.tech
onfleek.tips
onfleek.tokyo
onfleek.top
onfleek.us
onfleek.work
onfleek.world
onfleek.xyz
I believe the domain OnFleek.com was on Namejet in ~2015. I remember bidding and ultimately losing the auction.
Tom – Indeed, NameBio lists OnFleek.com as sold on NameJet for $1,010 dollars in 2015: https://namebio.com/onfleek.com
This “teenager” blew it period. And flat out lost her big pay chance. However competitors and their legal staff stole her idea and capitalized on it ..in a big way! What this teenager should have done is register the domain, filed an intent to use USPTO form identifying her desired classes. And then spent a few dollars advertising the domain with those classes. There is no minimum amount required. Then cut loose with the phrase on social media. As I have stated many times in the past social media is junk and this “teenager” lost control of her million dollar idea through social media…..And now what will occur is one of these tm holders will buy the domain for peanuts and put their newly authorized principal tm on the domain and earn millions of dollars! This is a lesson in tm law for all domainers.
It’s sad but this boat shipped without it’s main passenger…
Question:
“What this teenager should have done is register the domain, filed an intent to use USPTO form identifying her desired classes. And then spent a few dollars advertising the domain with those classes.”
What would that have costs to do the USPTO ??
Have you ever done one ??