Just as a man cannot own the sunset, Katy Perry’s left shark—in all its glory—belongs to no one.

Since the 2015 Super Bowl halftime performance during which Perry appeared on stage flanked by two dancers in shark costumes, the singer’s team has been attempting to capitalize on Left Shark, the magical ocean dweller whose lazy, half hearted dance moves stole the show.

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After shutting down several Etsy retailers who were selling Left Shark crafts, Perry’s lawyers attempted to register “Left Shark” with the U.S. trademark office. Well, good news for FREEDOM: the registration has been rejected.

Billboard reports:

David Collier, the examiner, isn’t yet impressed by the attempt to register the design. Looking at the application, he writes the design “identifies only a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.”

In other words, there’s not enough evidence submitted yet that consumers look at “Left Shark” and think a Katy Perry music performance.

Just like in the end of Free Willy, Left Shark has launched itself over our heads and returned to open water.

Image via the AP.