This is a rare time when the stars are perfectly aligned and celebrity gossip and trade mark issues can be discussed in one post.
Kylie Jenner, of ‘Keeping Up with the Kardashians’ reality television show fame, applied in the United States to register KYLIE and other KYLIE-formative marks for various products, including advertising and endorsement services. Kylie Minogue, the pop star best known for her hits ‘Can't Get You Out Of My Head’ and ‘I Should Be So Lucky’ objected to Jenner’s application. Minogue already owns numerous KYLIE and KYLIE-formative marks in the United States for products such as cosmetics and services including entertainment. Minogue’s representatives argued that there would be “confusion” and “damage” to Minogue’s KYLIE brand.
It was reported that the proceedings between the parties were suspended twice to allow time for negotiations between the two parties. In early February this year, it was reported that Minogue withdrew her oppositions and Jenner’s applications were allowed to continue in the registration process. The suggestion is that the parties have come to a settlement.
The Kylie v Kylie trade mark battle highlights the growing awareness in the celebrity sphere of the importance of brand elements associated with their personas. For example, Taylor Swift already has a suite of trade marks (see our post
here). It has been reported that Beyoncé and Jay Z filed for BLUE IVY CARTER (their daughter’s name) as a trade mark for a variety of skincare and hair products. The latest reports suggest that this brand will be used in relation to a new line of beauty products. Paris Hilton owns a US trade mark for THAT’S HOT for alcohol and cosmetic products and successfully enforced this right against a greetings card company, which had used this catchphrase at the front of a card.
The Stobbs team is experienced in providing advice to brand owners and individuals from around the world who wish to protect and realise the value of their brand identity (including image rights and merchandising). Feel free to drop us a line if this is of interest to you.
Trademarks / Celebrity / Disputes
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