Kylie vs Kylie
On this week's You Legal TV, we investigate the ins and outs of the trademark war between two entertainment industry heavy weights - Kylie Minogue and Kylie Jenner.
See below for complete transcript of this episode -
There's nothing like a couple of international superstars coming out to help us understand legal principles.
. In this instance we can thank Kylie Minogue and Kylie Jenner and their fight over the trademark of the name Kylie. For those of you who aren't aware of the facts, Minogue has filed a notice of opposition to Jenner's attempt initiated last year to trademark variations of her very famous handle. She'll rely on principles of prior use and registration, which are crucial in any trademark dispute. While in this instance it's clearly established, in the US it does not immediately confer exclusive incontestable right of use in all circumstances.
Minogue will have to show that approval of Jenner's application will cause confusion among consumers and/or dilute the Minogue brand. To prove confusion she'll have to show that there's a possibility that if Jenner's mark is granted, customers in the United States might believe that the brands are connected and considering the overlap in the industries and fans, this is a definite possibility.
In addition, if Minogue cannot establish confusion, she can attempt to show that granting the Jenner mark will dilute her own brand. In other words, that her brand will be tarnished or weakened by the association with Kylie Jenner.
We'll let you form your own opinion on this. It's predicted that the dispute will likely end in a settlement between the two parties, however, it is a timely warning over the importance of the protection of your intellectual property.
If you think it's time that you protected your intellectual assets, we here at You Legal would love to help.
What Should I Do Next?
Contact us if you would like further legal advice on trademarks or other intellectual property issues. Our lawyers at You Legal will be happy to assist you in whatever way we can.
* This blog is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.