The Kardshian family owns an empire built on a foundation of lifestyle brands and reality television shows, but can they stake their claim in their first names too? Kylie Jenner, the youngest of the Kardashian-Jenner clan, is certainly trying. In a trademark application published for opposition August 25, 2015, Jenner sought to trademark her first name “Kylie” for “advertising services, namely, promoting the brands, goods and services of others; endorsement services, namely, promoting the goods and services of others.”[1] However, there is one thing standing in Jenner’s way – Australian pop superstar Kylie Minogue, who filed a notice of opposition on February 22, 2016.[2]
In opposition, Minogue cites the extensive history of her own “Kylie”-centric trademarks covering a range of products and services, from sound recordings to skin moisturizer.[3] The notice of opposition then alleges priority of use, likelihood of confusion, and dilution.[4] In support of these allegations, Minogue’s legal team cites her accomplished career, that she is known worldwide by the name “Kylie,” that she owns the domain name “www.kylie.com,” and that she is a humanitarian who supports causes such as breast cancer awareness through the “Kylie Effect” movement.[5]
Minogue’s likelihood of confusion claim alleges that the granting of Jenner’s trademark application would surely damage her brand, as consumers could misperceive Minogue’s marks as Jenner’s and Minogue has invested substantial time, cost, and effort in the promotion of her own marks.[6] Minogue further alleges that her association with a “secondary reality star” who is a “home-schooled graduate” that receives frequent criticism for her “photographic exhibitionism” from groups such as disability rights activists and the African-American community could likely dilute her marks and reputation.[7]
In arguing likelihood of confusion and dilution, Minogue will have to show that the public more closely associates “Kylie” with her than Jenner.[8] This could be challenging, given that Jenner is one of the most followed personalities on various social media outlets. Jenner’s legal team will likely argue that it is more plausible that Jenner’s name has attained secondary meaning (or immediate public association between the mark and the producer) than Minogue.
This battle will become increasingly relevant as Jenner continues to expand her brand into the fashion and cosmetics market.[9] Regardless, it appears that Minogue is ready to put up a fight. In a February 28 tweet, Minogue wrote “Hello….. My name is KYLIE. #lightyears.”[10] Is Minogue really #lightyears ahead of Jenner? Only time and the USPTO will tell.