The entertainment industry was recently shaken by a high-profile trademark infringement lawsuit that demonstrates how even established creators can find themselves in costly legal disputes when proper trademark protections aren’t secured. Tyler Perry, along with Netflix and actress Terri J. Vaughn, faces a federal lawsuit over the title and content of their 2025 comedy series “She The People,” with allegations that the production infringes on an existing nonprofit organization’s trademark rights.
This case serves as a powerful reminder that trademark protection isn’t just about logos and brand names, it extends to any identifier that distinguishes your creative work in the marketplace. Whether you’re developing a television series, launching a podcast, or creating digital content, understanding the scope of trademark law could save you from devastating legal challenges down the road.
The Foundation of the Dispute: When Prior Rights Collide with New Productions
Aimee Allison, founder of the political advocacy group She The People, filed the lawsuit claiming that Perry’s Netflix series borrowed not only the organization’s name but also central themes and concepts from an unfinished documentary project. The nonprofit, established to amplify the voices of Black women in politics, had been developing content under the “She The People” brand since its founding.
According to court documents, Allison alleges that in 2020, her organization hired Nina Holiday Entertainment Inc. to create a documentary series, during which discussions occurred with Vaughn, who was believed to be affiliated with the production company. The lawsuit contends that themes, narratives, and creative elements from these preliminary discussions later appeared in Perry’s scripted comedy series.
This scenario illustrates a critical principle in trademark law: prior use and registration create superior rights. Even if Perry’s production team independently developed similar concepts, the existence of Allison’s earlier trademark and related creative work establishes a foundation for her legal claims.
The USPTO Rejection: When Trademark Applications Fail
Perhaps most telling in this dispute is that Perry’s production company, Tyler Vision LLC, attempted to register “She The People” as a trademark in September 2024 but received a denial from the United States Patent & Trademark Office in April 2025. This rejection likely occurred because the USPTO discovered Allison’s existing trademark registration, creating what trademark attorneys call a “likelihood of confusion.”
When the USPTO examines trademark applications, one of the primary grounds for rejection is the existence of a similar mark that could confuse consumers about the source of goods or services. In this case, the examiner would have determined that Perry’s entertainment services under “She The People” were too similar to Allison’s existing trademark for political advocacy and educational services.
This rejection should have served as a clear warning signal that proceeding with the title could lead to exactly the type of litigation now unfolding. A comprehensive trademark search conducted before production began would have identified this potential conflict, allowing Perry’s team to select an alternative title and avoid the current legal complications.
Understanding the Scope of Trademark Infringement Claims
The lawsuit against Perry encompasses several distinct legal theories that content creators should understand:
Direct Trademark Infringement: The complaint alleges that the Netflix series “echoes many of the same themes regarding Black women’s experiences in politics that Ms. Allison addresses through her activism under the SHE THE PEOPLE mark, albeit in a slightly different format.” This demonstrates how trademark protection extends beyond identical copying to include uses that create consumer confusion about the source or affiliation of content.
Unfair Competition: Beyond the trademark itself, the lawsuit likely includes claims for unfair competition based on the alleged appropriation of creative concepts and themes from the unfinished documentary project. This aspect of intellectual property law protects against the unauthorized use of distinctive ideas and expressions that provide competitive advantages.
Damages and Remediation: Allison is requesting a jury trial to resolve the matter and seeking unspecified damages. In trademark cases, successful plaintiffs can recover actual damages, defendant’s profits, and in cases of willful infringement, enhanced damages and attorney’s fees.
The Business Impact: Beyond Legal Costs
While the immediate focus centers on legal liability, this dispute illustrates the broader business consequences of trademark conflicts. Netflix’s “She The People” series represents a significant investment in production, marketing, and distribution. If Allison prevails in her lawsuit, potential remedies could include:
- Injunctive Relief: A court order requiring Netflix to stop using the “She The People” title and potentially remove or re-edit existing content
- Financial Damages: Compensation for harm to Allison’s organization and disgorgement of profits from the series
- Rebranding Costs: The expense of retitling, remarketing, and redistributing the content under a different name
These consequences demonstrate why proactive trademark protection and clearance procedures are essential investments, not optional expenses, for content creators.
Preventive Strategies: Learning from Perry’s Predicament
This high-profile dispute offers valuable lessons for anyone developing creative content:
Conduct Comprehensive Trademark Searches Early: Before investing in production, marketing, or distribution, perform thorough searches of federal, state, and common law trademarks. A professional trademark search would have immediately identified Allison’s existing rights and prevented this entire controversy.
Secure Your Own Trademark Protection: If you’re developing original content with commercial potential, file trademark applications early in the creative process. Federal registration provides nationwide protection and creates legal presumptions that strengthen your position in any disputes.
Document Your Creative Development: Maintain detailed records of your creative process, including dates of conception, development milestones, and first use in commerce. These records become crucial evidence if your rights are challenged or if you need to assert priority over later users.
Implement Clearance Procedures: Establish systematic procedures for clearing titles, character names, and other creative elements before production begins. This includes searching not only registered trademarks but also pending applications, domain names, and social media handles.
The Broader Implications for Entertainment Industry
The Perry lawsuit reflects broader trends in intellectual property enforcement within the entertainment industry. As content creation becomes more democratized through streaming platforms and digital distribution, the potential for trademark conflicts increases significantly. Organizations and individuals who have built brands around specific concepts or movements are becoming more vigilant about protecting their intellectual property rights.
Allison’s Instagram post about the importance of defending creative work resonates with many content creators: “When I began She the People, I poured nearly a decade into giving life to that idea. Turning it into a platform that amplifies the leadership and power of Black and Brown women. That phrase—those words—carried weight. And they still do.”
This statement underscores the emotional and commercial value that creators attach to their intellectual property, and their willingness to pursue legal action to protect these investments.
Working with Experienced Trademark Counsel
The complexity of this dispute highlights why content creators need experienced trademark representation from the earliest stages of development. An experienced trademark attorney would have identified the existing “She The People” trademark during the initial clearance process, preventing Perry’s team from proceeding with a problematic title.
When I work with clients in the entertainment industry, I emphasize that trademark protection begins with thorough research and strategic planning, not reactive responses to legal challenges. The goal is to identify and resolve potential conflicts before they become expensive lawsuits that threaten your creative and commercial investments.
The entertainment industry operates in an increasingly crowded intellectual property landscape where established creators, nonprofit organizations, and emerging content developers all compete for distinctive branding. Success requires not only creative vision but also strategic legal protection that secures your rights and respects the rights of others.
Protecting Your Creative Future
Every creative project represents an investment of time, resources, and artistic vision. The Tyler Perry trademark dispute demonstrates that even successful, well-funded productions can face serious legal challenges when proper trademark protections aren’t secured from the beginning.
Don’t let your next creative project become the subject of an avoidable trademark lawsuit. Whether you’re developing a series title, launching a new brand, or expanding into new markets, comprehensive trademark protection provides the legal foundation that allows your creativity to flourish without fear of infringement claims.
Contact my office today to discuss how proper trademark clearance and registration can protect your creative investments and ensure your projects reach audiences without legal complications threatening their success.
