NEW YORK, May 5 (Reuters) - Party girl Kesha Sebert is wound-up over a watchstrap called "TikTok," which she says is too close to the name of her debut single, "Tik Tok."
On April 20, lawyers for the singer warned Wimo Labs that the name was in "flagrant and conscious disregard" of her rights and demanded that Wimo turn over its entire supply.
Now Chicago-based Wimo Labs has struck back, asking a federal court in Chicago to declare that its product, a watchstrap that holds an iPod nano, does not infringe on Sebert's rights.
Lawyers for Sebert -- who styles herself Ke$ha and describes her image as "garbage-chic" -- declined to comment.
Sebert is unlikely to succeed, said David Leichtman, an intellectual property expert with Robins, Kaplan, Miller & Ciresi in New York. "She'll have to show consumer studies to show people are making an association between her and the product," he said.
People who are "famous for 15 minutes" are filing a growing number of claims trying to "monetize their personality," Leichtman said. Recent examples include trademark claims by members of the cast of reality show Jersey Shore and NFL players who have claimed the rights to phrases they shout on the field.
The case is: Wimo Labs LLC v. Kesha Sebert, U.S. District Court for the Northern District of Illinois, No. 1:11-cv-02978.
For Wimo Labs: Brian Saucier and Jennifer Rojas of Deutsch, Levy & Engel.
For Sebert: Michelle Jubelirer of King, Holmes, Paterno & Berliner.
(Reporting by Jeff Roberts)