Australian singer and entertainer Kylie Minogue has objected to US reality television personality Kylie Jenner’s attempt to trademark the name Kylie, on the basis that if there was a mix up between the two women, if would cause damage to Minogue.
Entrepreneur reports Australian law firm KDB, acting on behalf of Minogue, has opposed Jenner’s application to trademark “Kylie” for advertising purposes.
According to the notice of opposition filed with the United States Patent and Trademark Office, Jenner filed the trademark application in April 2015. The application was then published for public opposition in August last year.
KDB said Minogue is an “internationally renowned performing artists, humanitarian and breast cancer activist”, who is known globally by her first name.
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The firm said Minogue has sold more than 80 million records worldwide and is also the owner of the website www.kylie.com. In contrast, KDB referred to Jenner as a “secondary reality television personality”.
Hello….. My name is KYLIE #lightyears
— kylie minogue (@kylieminogue) February 28, 2016
The notice of opposition cites several other trademarks based on the name “Kylie”, which are owned by Minogue, in categories such as sounds recordings and perfumes.
KDB said Minogue had been actively using these trademarks well before Jenner applied to trademark the name and argued granting her application would “violate and diminish the prior and superior rights” of Minogue.
The law firm also argued the granting Jenner’s application could create confusion as her trademark would be “confusingly similar in sight and sound” to Minogue’s existing marks and “conveys a nearly identical commercial impression”.
Minogue is the not the only entertainer to turn to legal means to protect her commercial interest, with singer Rihanna winning a legal battle against Topshop in early 2015 after the British retailer used her image on a t-shirt without her permission.
Taylor Swift is also known to actively protect her business assets, last year filing trademark applications for the use of “1989”, which is the name of her latest album, and lyrics “Nice to meet you, where you been?’ and “this sick beat”.