Better the Kylie you know?

Kylie Jenner, famously part of the Kardashian clan from reality show ‘Keeping Up With the Kardashians’, has applied to trademark her first name in America.

The other Kylie, famous for acting in Neighbours and known as the ‘Princess of Pop’ for her catchy songs, has objected to these trademark applications, as allowing Kylie Jenner to trademark the name would dilute the Minogue brand and cause confusion amongst Minogue fans. Minogue’s legal team has also called Minogue the more famous Kylie, describing Jenner a “secondary reality television personality”.

Whilst this might seem like a trademark dispute being used as a front to establish who is the most prominent celebrity, trademarks are used to help people differentiate between competing brands and to protect the trademark owner’s investment. Distinctiveness is essential in a trademark. It signifies the source of the product and acts as an indicator of quality.

As celebrities around the world are increasingly protecting their brands by use of intellectual property, disputes like this are likely to become more common.

If you have any queries about trademarks or intellectual property rights generally, please contact Stephen McVey or Catherine Woodward.