Kylie Jenner has done her level best to make a name for herself apart from her famous family, and the popularity she has gained from the reality show Keeping Up With The Kardashians. The teen is now set on quite literally making a new name for herself, by dropping “Jenner” and opting for the “Kylie” trademark.
Back in April of 2015 and again in November, Jenner sought to apply for the “Kylie” trademark. Talk of Australian singer Kylie Minogue possibly opposing the attempt by Jenner to trademark the name the two share surfaced, yet the threat was only a possibility up until this past week.
As the Fashion Law relays, Minogue has not, in fact, stepped in to legally oppose Jenner’s use of “Kylie” as her trademark. The publication also makes known what it means to trademark a phrase of a name.
“A trademark is an exclusive right, which means that it gives its holder the right to prevent and/or stop others from using the mark. If awarded, the trademarks at issue will receive registration on a nationwide basis, thereby, allowing Jenner to initiate trademark infringement lawsuits if other parties use her trademarked name without authorization in the same class of goods/services in which Jenner’s marks are registered and in a way that would be deemed ‘confusing’ to consumers.”
Now that Jenner has experienced massive individual success by way of her Kylie Lip Kit, her popular beauty app and her beauty blog, not to mention the fashion line that she and sister Kendall Jenner have recently unveiled, the youngest of the Kardashian-Jenner clan wants to go step further to take her title to the single name that helps her stand out even more from the herd.
Unfortunately, Minogue and her legal team are not having it. The main concern from Minogue’s vantage point is that Jenner’s trademarking of “Kylie” would harm her brand and confuse her own fans. The publication relays the law logistics of the case.
“According to the World Intellectual Property Organization (‘WIPO’) ‘KDB claimed that if the USPTO approved Jenner’s application then it would cause confusion among consumers between the two Kylies and dilute her brand. The company also cited existing trademark registrations for the term ‘Kylie’ that cover entertainment services and music recordings. Minogue also owns trademarks for the terms ‘Kylie Minogue darling’, ‘Lucky – the Kylie Minogue musical’ and ‘Kylie Minogue.’ “
The opposition to Kylie Jenner also points out the negative actions taken by “secondary reality star” which have caused a backlash from a number of ethnic groups and various organizations, noting that Minogue is not keen to be accidentally associated with any of such negative perceptions.
The Fashion Law relays words of Minogue’s legal team KDB on the matter of Jenner’s negative reputation.
“Jenner is a ‘secondary reality television personality, who has received criticism from disability rights groups and African-American communities. If the mark is approved, the association between Kylie Jenner and Kylie Minogue would result in dilution of her brand.”
The legal team then goes on to say that Jenner played a small “supporting character” in her family’s reality television show and is known more for her insatiable appetite to be front and center in the media and her “photographic exhibitionism and controversial posts.”
Minogue’s team really does have a point in regards to the achievement that goes along with each of the women. Minogue has clearly earned her place in the entertainment business because of talent and does not seek the spotlight for anything more than her music, while Jenner seeks attention for racy posts and questionable antics that heightens her popularity enough to make her additional endeavors attractive to those who follow such antics. The Daily Mail has been sure to share Jenner’s most recent example of this.
[Photo by Ben Gabbe/Getty Images]