Thursday, March 3, 2016

Kylie vs Kylie: Trademark War

Having been the world's most famous Kylie for over 30 years, it must be tough for Ms Minogue to concede that a young pretender to her crown - Kylie Jenner - has now stolen that accolade, but what she is not willing to give up is her right to that most recognisable of forenames.


Jenner has amassed almost 80 million followers across social media and now - as she branches into new territories, putting her name to beauty products and clothing collections among other things - she has applied to trademark her first name, something that the Australian pop star has reportedly taken issue with.

In April and November 2015, Jenner filed a number of federal trademark applications relating to her first name with the US Patent and Trademark Office,The Fashion Law reports, which would allow her to file infringement lawsuits if anyone tried to use the name in the same category of goods in which she held the trademark: like "cosmetics" or "clothing" for example. Filings for "Kylie Jenner" have not been opposed, but it is her request to trademark the name "Kylie" in certain categories that has been met by opposition from Minogue's team in the past week.


Minogue's legal advisors aren't pulling any punches, asserting that approval of the trademark would "cause confusion among consumers between the two Kylies", and that association with "secondary reality-television personality" Jenner who "has received criticism from disability rights groups and African-American communities" would "result in dilution of her brand".

The USPTO will now have to decide which Kylie, if either, should have the right to use the solo moniker.

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