A battle among generations as legal shade is thrown after Kylie Jenner tries to trademark ‘Kylie’ in the USA for her new beauty brands, much to the upset of Australian born singer Kylie Minogue, who has recently started a legal battle against her over the trademarking of their shared first name and – she has a very strong case.
Kylie Jenner, 18, half sister to the Kardashian sisters, first filed her trademarking application in May last year in connection with advertising her growing beauty and clothing collections. However, her rival Kylie Minogue, 47, first became famous long before Jenner was even born, with worldwide record sales of over 80 millions records and tours regularly around the globe, including the USA. Minogue first hit the spotlight from the TV show Neighbours and has since went on to become a pop icon, releasing her first album titled “Kylie” in 1988.
The outcome of the legal battle will all depend on whether Minogue is able to fulfil the requirements that if the US Trademark Office were to approve Jenner’s application then it would cause confusion among consumers and/or dilute her own brand. Minogue owns trademark registrations in the US for the names “Kylie Minogue”, “Kylie Minogue Darling” which is the name of her perfume brand, “Lucky – the Kylie Minogue musical” and what this is all about; “Kylie”, in connection with education and entertainment services. All except for “Kylie Minogue Darling” were filed before Jenner’s, including the domain name “Kylie.com” since August 1996, a year before Jenner was even born.
Minogue’s argument for confusion highlights the connotations that could be linked to the name Kylie and the difference in their success and characteristics, referring to Jenner in her legal documents as merely a secondary reality television personality, who appeared on the television series “Keeping Up With The Kardashians” as a supporting character, to Ms Jenner’s half sisters, Kim, Khloe, and Kourtney Kardashian (i.e the Kardashians) throwing considerable legal shade.
Minogue’s court papers also make reference to Jenner’s past controversies, referring to her active social media status where her ‘photographic exhibitionism and controversial posts have drawn criticism from e.g the Disability Rights and African-American communities’ – this argument has been seen among multiple Twitter backlashes. In December of last year, Jenner posed in a wheelchair in a fashion shoot for Interview magazine, provoking outcry from disability rights groups.
In contrast to this controversy, Minogue highlights her high publicity humanitarian efforts in both the United States and around the world. Further to this, Kylie Minogue is a breast cancer survivor, whose public health crisis and her activism for increased research and public awareness produced “The Kylie Effect” which led to women worldwide getting themselves checked.
To most, Kylie Minogue may be the only Kylie in their eyes, but there is a new Kylie on the scene and she is generating a big fan base in the new generation. Is it true that if Jenner wins, she could tarnish the Kylie name? Are you #TeamJenner or #TeamMinogue?