Kylie Minogue Opposes #Kylie Jenner’s Attempt to #Trademark “Kylie”
Los Angeles – Two famous entertainers are beginning to battle over the trademark rights to the name “Kylie.” Reality TV star Kylie Jenner filed trademark applications for the name in May 2015, which Australian pop-star Kylie Minogue formally opposed in late February 2016.
Jenner applied for two trademarks, one would protect the name “Kylie” for advertising services and one would protect the name in regard to entertainment services. Minogue’s formal opposition is for the marketing and advertising services. Minogue has yet to formally oppose the entertainment services trademark, although it is likely she will.
Minogue opposed the trademark application through KDB Pty Ltd., a company she directs with her parents. The opposition’s argument is that approval of Jenner’s trademark would lead to confusion among consumers and dilute Minogue’s brand.
Minogue argues her brand as “Kylie” is strong and shouldn’t be infringed. She’s been performing as “Kylie” before Jenner was born, selling more than 65 million albums, earning a variety of awards including Grammys, and becoming the first-ever woman and first foreigner to win Britain’s Music Industry Trusts’ Award. Her debut album was titled “Kylie” and she’s owned the domain name kylie.com for more than year before Jenner’s birthdate.
Further, Minogue currently owns trademarks for “Kylie” in some entertainment aspects, such as music recording, as well as trademarks for the phrases “Kylie Minogue darling,” “Lucky-the Kylie Minogue musical” and “Kylie Minogue.”
The opposition not only stresses the possible confusion between Minogue and the “Kylie” brand, but Jenner’s capacity to dilute Minogue’s brand if she is granted the trademark. The opposition cites cases of Jenner’s past controversies, such as social media posts and photo shoots that drew criticism from some communities. So Minogue is claiming that if there is confusion, it will have a negative impact on her brand. Minogue argues that there will be a larger impact on her brand if “Kylie” is trademarked to Jenner such as a negative association between the entertainers.
Jenner and her lawyers have yet to respond to Minogue’s opposition to the trademark application.
Posted in: Trademark Infringement