12-year-old takes on global giant
Exclusive Schoolgirl determined to stand her ground after Nickelodeon challenges trademark application
Katharina Weischede calls herself the “Slime Princess” because she likes making slime and loves dressing up as a princess. But when the 12-year-old Aucklander tried to register a trademark to turn her slime-making hobby into a home-based business, her efforts were opposed by global entertainment giant Nickelodeon.
Katharina, a Year 7 student at St Mary’s College in Ponsonby, has started a Givealittle page to raise money for a legal battle with the “giants” to keep her trademark.
Nickelodeon’s New York-based parent company, Viacom, issued a notice opposing her Slime Princess trademark claiming it was in breach of its own marks of “Slime” and “Nickelodeon Slime”.
Nickelodeon is well known for dumping buckets of slime on to famous guests each year at the Kids’ Choice Awards.
“I thought starting this business would be fun, but this has made me really worried,” Katharina said.
“I can’t sleep at night since I got the letter, and sometimes I even find it hard to study.”
Viacom said in its notice of opposition that the Slime Princess mark “would be likely to deceive or cause confusion” and “would be contrary” to the Fair Trading Act and the Trade Marks Act. Nickelodeon said Katharina’s mark was similar to one or more of its own marks and the products listed were similar to its own.
Katharina said it has been her dream to have her own business and also show that anyone can work hard and be the best person they could be.
“But somehow, others find allowing me a chance to grow would be disastrous for them,” she said on Givealittle. “So, a giant is battling over my name — Slime Princess. This giant has got so much money and I don’t. I feel like I am Snow White with the Evil Queen [wanting] her dead.”
Katharina said she had worked hard at being the Slime Princess.
“I hope the giant will not slam the door and let me freeze. I hope he would turn into Prince Charming like the beast did in Beauty and the Beast.”
Katharina has been running her
Slime Princess business for two years. She makes her own slime and has built a following on social media.
Her mother Maricel Weischede said it was “entirely Katharina’s idea” to fight Viacom.
“It would be so much easier to just give it up, but Katharina . . . says she will not be giving up without a fight,” she said. “So what do you do as parents, other than [support her].”
Parents have also helped with the printing of business cards, stickers and T-shirts bearing the Slime Princess logo which Katharina designed.
“As a mother I am devastated to see what’s happening, Katharina is so affected by it all,” she said.
“We are fighting not so much for the rights to run the business, but the principle behind it.”
Maricel Weischede said they would argue that the word “slime” is generic, just like beer or bread.
Her lawyer, Alex Lee, said they did not receive any cease and desist letter from Viacom to stop using the name.
“My clients intend to continue to utilise the goodwill and branding that they have developed,” Lee said.
Viacom, which owns Nickelodeon through its Viacom Media Networks division’s Nickelodeon Group unit, is valued by investors to be worth US$14 billion ($21b) according to Recode.
Katharina’s Slime Princess has about $5000 in its bank account, and her mother estimates the business to be worth about $20,000.
University of Auckland senior lecturer Rob Batty, a trademark law specialist, said anyone could oppose a trademark application within three months of the application being advertised.
“[Viacom] opposing the application may be understandable, though in this case, it could be perceived as being a bit heavy-handed,” Batty said.
“It may be that Viacom seeks . . . an arrangement about the use of Slime Princess moving forward.”
Viacom has registered Slime in NZ since 2009 and Nickelodeon Slime with effect from last year.
“The next step is for Maricel and Katharina to consider [filing] a counter-statement or to abandon their trademark application,” Batty said.
Once evidence is filed, if any, the matter would be decided by an assistant commissioner at the Intellectual Property Office of NZ.
“They certainly have a chance of succeeding in the opposition and ultimately register the Slime Princess trademark,” Batty said.
Nickelodeon had yet to respond to a request for comment by deadline last night.