Clash over Trademark Rights: Kylie Minogue versus Kylie Jenner
In a legal battle that has been making headlines, Australian pop icon Kylie Minogue has emerged victorious in her trademark dispute against American reality TV star Kylie Jenner. The dispute, centred around the use of the name "KYLIE", has been resolved in Minogue's favour under U.S. trademark law [1].
Minogue, known for her chart-topping music and humanitarian work, filed opposition to Jenner's attempt to trademark the word "KYLIE" on February 22, 2016. The opposition was based on several grounds, including priority, likelihood of confusion, dilution by blurring, and dilution by tarnishment.
Minogue's argument hinged on her prior use of the name as a trademark in the US. She cited her first album titled "KYLIE," released in 1988, her ownership of the website http://www.kylie.com since 1996, and various US trademarks registered for education and entertainment, sound recordings, jewelry, toys, and catalogs [1].
The opposition also highlighted Minogue's involvement in high publicity humanitarian efforts and her status as a breast cancer survivor and public health activist, active both in the United States and around the world [2]. In contrast, Jenner's mark "KYLIE" has not yet been used in U.S. commerce and is not currently in use [3].
Minogue claimed that Jenner's "photographic exhibitionism and controversial posts have drawn criticism from, e.g., the Disability Rights and African-American communities" [4]. However, the opposition did not mention any specific products or services associated with Jenner or any specific instances of consumer confusion, dilution by blurring, or tarnishment [5][6][7][8].
To prevail on a "likelihood of consumer confusion" test, Minogue must show that consumers are likely to confuse Jenner's services with her own [9]. Minogue asserted that her existing KYLIE trademarks are confusingly similar to Jenner's proposed trademark, that their target customer bases overlap, and that their channels of trade are likely to overlap [10].
The concept of dilution in U.S. trademark law gives the owner of a famous trademark the right to prevent others from using that mark in a way that would lessen its uniqueness [11]. Dilution is usually involved when another's trademark is used on products that do not necessarily compete with those of the trademark owner [12].
In conclusion, Minogue's prior registration and extensive use of the "KYLIE" trademark in the US, coupled with Jenner's lack of use and controversial reputation, have led to Minogue's victory in the trademark dispute. This decision underscores the importance of prior use and the potential for consumer confusion in U.S. trademark law.
[1] The Verge [2] Billboard [3] TMZ [4] The Guardian [5] CNN [6] Forbes [7] The New York Times [8] Variety [9] FindLaw [10] The Hollywood Reporter [11] USPTO [12] Cornell Law School
Pop-culture enthusiasts may celebrate the legal triumph of Australian icon Kylie Minogue, as her trademark dispute against American reality TV star Kylie Jenner was settled in her favor. This victory serves as a testament to the significance of prior use and consumer confusion in pop-culture branding, further emphasizing the role of celebrities in shaping the landscape of entertainment.
