Kylie Minogue vs Kylie Jenner

 In Infringement, Marketing, Naming failure, Trademark, Trademark law, Trademark name search, US Trademark Law

A long battle between Kylie Minogue and Kylie Jenner seems to have come to an end earlier this year after what is believed to be a settlement between the two stars.

Minogue is an Australian singer, songwriter, dancer and actress who has been active in the entertainment industry since the age of 11 when she started appearing in small roles in soap operas. Today, at age 49, most of us know her for her music and simply by her first name Kylie – a name she holds the rights to since the early ‘90s. Her trademark portfolio also includes “Kylie Minogue”, “Lucky – The Kylie Minogue Musical” and “Kiss me once” to mention a few.

The 20-year-old Jenner is probably more well known among a younger audience as she is famous for starring in the Kardashian-Jenner family reality TV series “Keeping Up with the Kardashians”. Since the debut in 2007 she has created the clothing line ”Kendall & Kylie” together with her sister, launched her own cosmetics line called “Kylie Cosmetics” and with just under 100 million followers she has become one of the world’s top-ten most followed people on Instagram.

In today’s digital world where anyone can become a star overnight only by uploading something on Social Media, there is no doubt about the importance to protect what is yours. A quick look at some of the biggest influencers shows that branding is the new black as most of them put their names on everything from cosmetics to clothing and even food.

Jenner applied for the “Kylie” trademark in April 2015 in the trademark classes for advertising, entertainment and fashion information. In the opposition filed by Minogue’s representatives, Jenner is described as a “secondary reality television personality” and they stated that Jenner’s application could cause confusion and damage to the Minogue brand.

No details regarding the alleged settlement have been made public other than the fact that Minogue withdraw her opposition on January 19th of 2017, allowing Jenner to move forward with her application, which is a clear insinuation that a settlement has been agreed upon. On February 6th, Jenner filed a new application with the USPTO for “Kylie” in the trademark class for cosmetics, which was then registered on July 18th. What we can only assume from this is that Jenner was given restrictions on what to use her trademark for.

Kylie vs Kylie is a case between two world-famous celebrities, but a dispute like this can happen to anyone regardless if you are a one-man company or own a multibillion corporation.

As laws may vary between different jurisdictions, it is of the outmost importance to do your homework before starting the process of applying for a trademark.

Let Otmore’s experts guide you through the trademark jungle! We provide a one-stop solution and can assist with everything from choosing a name, filing the application, and registering the regarding domains, to dealing with any occurring objections.

Once your application has been approved and you have your trademark, it needs to be protected. Not all authorities are notifying you when someone files an application for the same or even a similar name or domain. Otmore offer different watch and monitoring services, tailormade for your needs, so that you can focus on other things.

If you want to know more, we are only a phone call or email away!

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