Eminem seeks protective order against reality stars in trademark battle
The rapper has opposed ‘The Real Housewives of Potomac’ stars’ motion to depose him in their ongoing trademark case for their podcast, ‘Reasonably Shady.’
Grammy Award-winner Eminem is declining reality stars’ Gizelle Bryant and Robyn Dixon’s request to appear in court in their ongoing trademark battle over the name of their podcast, "Reasonably Shady."
The 51-year-old, born Marshall Mathers III, requested a protective order on Dec. 15, 2023, opposing the "Real Housewives of Potomac" stars’ request made in October that he appear in person for a deposition.
In documents obtained by Fox News Digital, counsel for Eminem cited that it would be "unduly burdensome given Mathers’ limited knowledge of the subjects at issue, his absence of unique knowledge of the subjects at issue, and others’ superior knowledge of said issues."
The filing offers three other people, including Eminem’s longtime manager Paul Rosenberg to be deposed. Specific to Rosenberg, it states, "that Rosenberg has a far better understanding of the documents, marketing, and advertising than Mathers and that it would be both duplicative and highly burdensome for Mathers to appear for a deposition."
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Eminem has filed a protective order to refuse a deposition request by Gizelle Bryant and Robyn Dixon in their ongoing trademark dispute over the use of the word "shady." (Getty Images / Getty Images)
It continues, "While Opposer is the listed owner and signatory of the asserted trademark registrations, Opposer is removed from the daily activities and details that comprise the use and promotion of Mathers’ SHADY marks."
Eminem owns multiple trademarks, "including but not limited to the SHADY formative marks at issue in this case registered in the United States Patent and Trademark Office."
The filing also argues that their motion to compel a deposition from the "Lose Yourself" rapper is "premature and procedurally improper, as Applicants have yet to serve Opposer with a notice of deposition, a necessary prerequisite to taking and requesting that the Board compel a deposition."
Robyn Dixon and Gizelle Bryant’s attorney Andrea Evans told Fox News Digital in a statement, "Mathers counsel has filed an order with the Trademark Trial and Appeal Board (TTAB) to enter a protective order that a discovery deposition of Marshall Mathers not be had in response to our Motion to Compel Mathers to be deposed. We believe that Mathers gave instruction to file this opposition against our clients, but is not willing to meet any of the individual obligations that go with such a filing, including, sitting for deposition."
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Robyn Dixon, Gizelle Bryant star on "The Real Housewives of Potomac" and co-host a podcast together, "Reasonably Shady," which is the root of the trademark dispute with Eminem. (David Becker/Bravo via Getty Images / Getty Images)
The statement continues, "If an individual brings an opposition, it is ludicrous to claim that that individual should be exempt from deposition based on any sort of burden. Should the TTAB grant a protective order in this case, it would set an unreasonable precedent where individual Opposers could make general unavailability claims so to avoid the bare minimum requirement of sitting for a deposition."
According to documents obtained by Fox News Digital, in November 2022 "no conflicting marks" were found that would "bar registration" under the United States Trademark Act.
Representatives for Eminem did not immediately respond to Fox News Digital’s request for comment.
The "8 Mile" star originally filed an opposition against the Bravo stars in February 2023, stating that his brand be "damaged by the issuance of a registration for the mark REASONABLY SHADY."
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Eminem's original filing in the trademark battle notes that he's used "Shady" and variations, like "Slim Shady" since 1996. (Jeff Kravitz/FilmMagic / Getty Images)
In the original filing, it is noted that the Michigan-born rapper has used the names "Slim Shady" and "Shady," in addition to Eminem, for years, as well as "Shady Limited" for clothing and other advertising and marketing, from 1996 to present.
As stated in the documents, "The marks SLIM SHADY, SHADY and SHADY LIMITED have become unique and are identified by the general public solely with Opposer [Eminem] and his goods and services. The marks SLIM SHADY, SHADY and SHADY LIMITED have become and are an extremely valuable symbol of Mathers, his reputation and goodwill."