I think it is safe to say we all know who Kylie Minogue is. She is responsible for such undisputed bangers as Love At First Sight and Can’t Get You Out of My Head (and I am not ashamed to admit that). We have also all heard of Kylie Jenner, who is famous for… being famous. What you may not know is that Jenner had been trying to trade mark the name Kylie in the US since 2014 but Minogue was having none of it.
Jenner wanted to register the trade mark her for clothing and cosmetics brand, but Minogue’s team blocked it on the basis of causing potential confusion and damage to Minogue’s branding. They said that Minogue was an internationally renowned performing artist, humanitarian and breast cancer activist (fair play), whereas Jenner was a “secondary reality television personality” who had drawn criticism for her “photographic exhibitionism and controversial posts” on social media. Brutal. Minogue said that she was upset when she found out that her legal team had said that about Jenner.
Ultimately, back in 2017 the US Patent and Trade Mark Office rejected Jenner’s application, allowing Minogue to continue monopolising the name Kylie in relation to her cosmetics range. Fast forward two years and Minogue actually thanked Jenner for introducing her to a new audience in America. She said that back in the day no one was called Kylie, especially not in America, so she would have to spell her name out – but now, thanks to Jenner, they know the name.
Well, there you have it. Kylie Minogue is not to be messed with.
If you want to register a trade mark, oppose an existing application or resolve an infringement dispute, at Briffa we are always on hand to help. Please do not hesitate to contact us on 020 7288 6003 or at firstname.lastname@example.org for a free 30-minute consultation.
Written by Alex Fewtrell, Solicitor