It sounds as tiring as the 100 years war… Here’s a taste from Fashion Blog.
In February 2016, Kylie Minogue said, “Not so fast.” By way of an opposition proceeding before the U.S. Patent and Trademark Office (“USPTO”)’s Trademark Trial and Appeal Board, counsel for the wildly popular Australian singer wanted to block the potential registration of a trademark for the word “Kylie” for use in connection with advertising and endorsement services. The party seeking federal rights in the word was none other than Kylie Jenner.
That initial opposition filing was followed up by two more: in June 2016, KDB Pty Ltd., Minogue’s business entity, pushed back against another application for the word “Kylie,” this time for use in connection with “entertainment services, namely, personal appearances by a celebrity, actress and model,” and in October 2016, she took issue with a pending application for “Kylie Cosmetics.”
Minogue argued in her oppositions – which are formal filings that may be submitted to the USPTO by party who believes it may be damaged by registration of a specific trademark – that if the USPTO approved Jenner’s applications that it would lead to confusion among consumers between the two Kylies and dilute her brand, particularly since KDB argued that Jenner is little more than a “secondary reality television personality” best known for her “photographic exhibitionism and controversial [social media] posts.”
