{"id":16826,"date":"2017-02-07T18:13:02","date_gmt":"2017-02-07T18:13:02","guid":{"rendered":"https:\/\/dev.compumark.com\/?p=16826\/"},"modified":"2026-03-27T12:56:22","modified_gmt":"2026-03-27T12:56:22","slug":"keeping-kylies-21st-century-trademark-feud","status":"publish","type":"post","link":"https:\/\/clarivate.com\/intellectual-property\/blog\/keeping-kylies-21st-century-trademark-feud\/","title":{"rendered":"Keeping Up With the Kylies &#8211; A 21st century trademark feud"},"content":{"rendered":"<p>Who\u2019s the first person you think of when you hear the name \u2018Kylie\u2019? Is it Kylie Minogue, the Australian popstar with an illustrious 36-year career full of hit singles, or Kylie Jenner, the 19-year-old American teenager who\u2019s famous for being part of the Kardashian family?<\/p>\n<p>You could argue that the answer is highly dependent on the generation of the person you ask \u2014 a 40 or 50-year-old parent would be much more likely to say Minogue over their Instagram-obsessed teenage kids, for example. But this didn\u2019t stop Kylie Jenner from filing an application to trademark \u2018Kylie\u2019 at the United States Patent and Trademark Office (USPTO), a move which would strengthen the branding for her \u2018Kylie\u2019 range of beauty and make-up products.<\/p>\n<p>Unsurprisingly, this didn\u2019t go down so well with Kylie Minogue, who\u2019s been commonly referred to as just Kylie for almost as long as she\u2019s been in the public spotlight. Minogue has also used just her first name to promote and sell beauty products in the past, and so she made <a href=\"http:\/\/www.thefashionlaw.com\/home\/kylie-minogue-opposed-kylie-jenners-trademark-application\" target=\"_blank\" rel=\"noopener noreferrer\">an aggressive move to try and block Jenner\u2019s trademark<\/a>. In her counter application to USPTO, lawyers for Minogue explained that the attempted trademark would \u201cdilute her brand\u201d, while also describing Jenner as \u201ca secondary reality TV personality\u201d.<\/p>\n<p>This well-reported dispute between the two Kylies meant that the case was put on hold numerous times for negotiations and settlement discussions, but nothing seemed to materialise. But in January 2017, almost three years after the initial trademark filing, news broke that <a href=\"https:\/\/www.theregister.co.uk\/2017\/01\/28\/kylie_withdraws_kylie_trademark_fight\/\" target=\"_blank\" rel=\"noopener noreferrer\">Minogue was withdrawing from the battle<\/a>. Incorrectly, some publications reported that Minogue had \u2018lost\u2019 the trademark case and Jenner had \u2018won\u2019 it, when in fact no one had won or lost anything at this point \u2014 instead, it simply meant that Jenner could pursue the trademark with USPTO without any outside objections.<\/p>\n<p>Jenner\u2019s rosy outlook didn\u2019t last long however, because it was only a few more days before <a href=\"http:\/\/www.telegraph.co.uk\/music\/news\/kylie-minogue-defeats-kylie-jenners-attempt-trademark-shared\/\" target=\"_blank\" rel=\"noopener noreferrer\">the trademark application was rejected altogether<\/a>. USPTO had finally made its decision, and it seemed to indicate that Jenner was not the most distinctive Kylie in the showbiz arena.<\/p>\n<p>Again, there was some inaccurate reporting when this story broke. Many publications reported that Minogue had \u201cdefeated\u201d Jenner in the dispute, but this simply isn\u2019t the case. Because Minogue withdrew from the case days before, she was no longer involved in the case, and the USPTO decision was made without any outside influence. Minogue did not \u2018win\u2019 over Jenner, but Jenner did lose over USPTO.<\/p>\n<p>An interesting aside is the way that this case has been treated in other countries. While the United States chose to rule one way or the other, CompuMark research reveals that in China both Kylie Minogue and Kylie Jenner managed to get the Kylie trademark registered, allowing the two individuals to market products on the Chinese market using exactly the same name. CompuMark\u2019s trademark experts found that Minogue also own the Kylie mark in the UK, Germany, France, Australia, Malta, Taiwan, Hong Kong and the WIPO International Register.<\/p>\n<p>Jenner\u2019s lawyers were quick to launch an appeal almost straight after the case concluded, so while it might now seem like the end of a long, drawn-out affair, it might not be the last we hear of the battle of the Kylies.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Who\u2019s the first person you think of when you hear the name \u2018Kylie\u2019? Is it Kylie Minogue, the Australian popstar with an illustrious 36-year career full of hit singles, or&#8230;<\/p>\n","protected":false},"author":2,"featured_media":46026,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[706],"tags":[30,212,116,70,136],"class_list":["post-16826","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-trademarks","tag-compumark","tag-trademark-application","tag-trademark-research","tag-trademark-searching","tag-uspto"],"acf":[],"lang":"en","translations":{"en":16826},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"pll_sync_post":[],"_links":{"self":[{"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/posts\/16826","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/comments?post=16826"}],"version-history":[{"count":1,"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/posts\/16826\/revisions"}],"predecessor-version":[{"id":290176,"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/posts\/16826\/revisions\/290176"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/media?parent=16826"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/categories?post=16826"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/clarivate.com\/intellectual-property\/wp-json\/wp\/v2\/tags?post=16826"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}