Kylie v Kylie Trademark Battle and Tips to Protect Your Trademark
International popstar Kylie Minogue has recently been in a trademark dispute with ‘Keeping Up with the Kardashians’ star Kylie Jenner.
A trademark is a recognisable sign, design or expression, used by businesses to differentiate their products from others – it is often more commonly referred to as ‘branding’.
A trademark can be a valuable commercial asset and should be registered in order to protect it from being exploited by third parties.
In April 2015, Jenner attempted to trademark the name ‘Kylie’ in the US for ‘advertising purposes’ and ‘endorsement services.’
In February 2016, Minogue’s team opposed the registration of Jenner’s trademark, ‘Kylie’, saying there would be possible confusion and damage to Minogue’s own brand.
Minogue’s team argued that:
- Minogue already owns Kylie-related trademarks in the US, such as her website; and that
- Minogue is an internationally renowned performing artist, humanitarian and breast cancer activist with her own brand to maintain.
On 19 January 2017 Minogue’s team withdrew its opposition which would allow Jenner’s trademark application to proceed. This suggests that a potential settlement between the two parties has been reached.
Tips to protect your trademark
1. Choose a unique mark that distinguishes your product or services from others. If the mark is not sufficiently distinctive it is unlikely to qualify for protection.
2. Register your mark. Without registration it is difficult to prevent others from copying it.
3. Continuously use your mark. This will put others on notice of your rights and ownership over the mark.
If you need any advice or assistance in relation to trademark matters then please contact our Corporate and Commercial Team who be happy to discuss matters with you.