There is power in a name, and more so when it’s a brand. It’s perfectly understandable for celebrities who want to market products and services under their name would guard that right zealously, and often to the exception of all others. Take for example Kylie Jenner of the Jenner-Kardashian clan; she currently has two branded nail lacquers from the larger Nicole by OPI product line, and a clothing brand shared with her one biological sister Kendall under the PacSun umbrella.
In 2014 Kylie went so far as to file a US patent application on her own name, to gain protection on “Kylie” as a trademark in connection with advertising services.
So far so good, but one equally powerful showbiz personality with the same name is contesting the exclusivity that Kylie Jenner is seeking: none other than Australia’s greatest pop music diva export, Kylie Minogue.
Stop hogging the ‘Kylie’ name
On February 2016 Kylie Minogue, famous in the 80s for “Especially for You,” and in the 21st Century for “Can’t Get You Out of My Head”, filed her notice of opposition to Jenner’s patent application through her Australian-based business representative KDB.
Excerpts from the court documents submitted by KDB for the US Patent and Trademark Office state that any approval of the American social celebrity’s patent application will both serve to dilute Minogue’s own brand as a singer (she alternatively performed in the past using her first name alone), as well as spread confusion to both Kylies’ audiences, as the Australian icon also has a following in the US for decades.
In addition, KDB asserts that Minogue already owns her own “Kylie” trademark registrations for entertainment services and her music recordings. To wit, there are protections already in place for “Kylie Minogue,” “Lucky – The Kylie Minogue Musical” (from one of her 80’s songs) and her Kylie.com online domain since 1996. They also offered criticism on Kylie Jenner’s overestimation of her own celebrity, noting that she’s a supporting character to her older half-sisters in the “Keeping Up With The Kardashians” reality show.
Minogue wins, for now
By Monday, February 8, the results seem hopeful for Minogue's side. The USPTO has rejected Kylie Jenner’s exclusive claim to her name as a brand, thus giving a legal victory of sorts to her longer-running Aussie namesake. The battle isn’t entirely over, however, as the reality show star is dead-set on appealing the matter for the sake of her fashion and beauty product lines.
