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Robyn Dixon and Gizelle Bryant blamed Eminem for dragging out their Reasonably Shady trademark war, but the federal board rejected their costly-delay argument.
The Real Housewives of Potomac pair said Eminem’s newest move would force more work and bigger legal bills after years of fighting.
Their July filing, covered by AllHipHop, accused him of waiting until discovery closed before adding another challenge to their application.
“This prejudice includes unnecessary delays and additional costs from new fact gathering and witness preparation, and a more complicated trial. Even worse, Opposer’s significant delay robs Applicant of the opportunity to properly assess Opposer’s new allegations through discovery, because discovery is closed.”
The complaint centered on Eminem asking to question whether Dixon and Bryant ever had real plans to sell makeup and candles under the name.
His July 17 request targeted eye shadow, lip gloss, makeup and candles listed in their February 2022 trademark application.
A 2023 FOX 5 report on the fight traced the dispute to their podcast mark, long before the latest battle over product plans.
The Trademark Trial and Appeal Board rejected the Housewives’ timing argument on August 17 and let Eminem expand the fight.
“The motion was filed just two weeks after the close of discovery. The proposed claim appears to be based on the cumulative weight of Applicants’ discovery responses and deposition testimony. Most importantly, the motion was filed during the pre-trial stage of proceedings. Therefore, allowing the amendment will not unduly delay proceedings.”
That finding directly undercut Dixon and Bryant’s claim that Eminem waited too long and was pushing them into needless spending.
The board also rejected their suggestion that his side acted in bad faith or created unfair prejudice by raising the issue late.
“Moreover, there is no evidence that Opposer has acted in bad faith. There is no convincing evidence of prejudice to Applicants. In view of the foregoing, the motion for leave is granted. The second amended notice of opposition is accepted into the record and is now the operative pleading.”
Limited discovery on the added claim now closes September 30 under the board’s revised schedule.
Dixon and Bryant must answer Eminem’s amended opposition by September 14 before the case moves deeper into trial preparation.
