Teenage girls usually get angry when another girl wears their same clothes and sometimes even when someone in their class has their same name, as they don’t feel as special or as unique. However, these types of fights have been blown out of proportion with the feud between Kylie Minogue and Kylie Jenner. For those of you who don’t know them, Kylie Minogue is an Australian singer, songwriter, actress, author and entrepreneur who was born in Melbourne in 1968 and Kylie Jenner, on the other hand, is a 19- year old American television personality, socialite, model and businesswomen member of the famous Kardashian family. Although these two have little in common, it has been the only thing that they have the same the source of their legal troubles, as they both wanted to trademark their first name for their business endeavours.
When Kylie J created and released her cosmetics line in 2014, she decided to name it KYLIE after herself and, in order to prevent people from stealing her idea and image, she tried to register “KYLIE” at the US Patent and Trademark Office (USPTO), for “advertising services” and “endorsement services”. However, Kylie M opposed this as she had already trademarked her name before. As Kylie M argued, she had trademarks for that name in a wide variety of products such as perfumes, jewellery, songs, books and even has her own webpage www.kylie.com so she stated that allowing Kylie J’s trademark could be confusing and tarnishing to Kylie M’s reputation as she had been using it since the 1980s. Furthermore, Kylie M’s lawyers filed documents describing the Keeping up with the Kardashians star as a “secondary reality television personality” who had been critised for “photo exhibitionism and controversial posts” and recently over false marketing as many customers have spotted that her new lip kits are old ones called differently and charged at a higher price, whereas Kylie M was described an “internationally renowned performing artist, humanitarian and breast cancer activist”.
Despite the harsh words, since the legal action started, the case has been suspended twice already, which seemed to imply there was an understanding and that there would be a solution. However, this has not been the case with both Kylies still fighting for their name. Although neither one of the Kylies nor their respective teams have said anything, Kylie M has finally come up on top as the USPTO has sided with her and she will continue to use Kylie for her business and recording projects. Nevertheless, Kylie J has appealed against this sentence so the incident isn’t entirely closed yet. Thus, we will have to stay tuned to see what the final verdict is.
If Kylie J’s appeal is cancelled she might have to take away her name from all of her cosmetic products, especially taking into account that the trademark for her using her full name “KYLIE JENNER” was also denied. This makes the situation tricky for Kylie J and hopefully she will be able to solve it quickly and without this much drama. In the meantime, Kylie Minogue 1- Kylie Jenner 0.
Sources
http://ttabvue.uspto.gov/ttabvue/v?pno=86810719&pty=EXA&eno=1
Spanish sources:
http://elpais.com/elpais/2017/02/06/estilo/1486406095_136245.html