The battle for brand Kylie

The Kids today simply don't understand that for virtually everyone over the age of 30 there is only one Kylie. However, based on recent activity within the intellectual property world, the name of the Australian pop princess, Kylie Minogue, has been challenged by a reality TV star, Kylie Jenner, who wants to use the term ‘Kylie’ for herself. But as far as I’m concerned, if you put your Hand on your heart, there’s no competition. Minogue has prior usage of the trademark and owns the corresponding domain name, In this instance, it's certainly Better the devil you know in terms of resolving an intellectual property infringement claim.

Jenner has become a global star in her own right thanks to Keeping up with the Kardashians, a reality TV show, and has gone on to launch her own range of cosmetics under the brand ‘Kylie’. With two teenage daughters who follow her every step, I should be so lucky to be able to avoid the requests to spend hours online trying to buy her latest lip kit (the fact I know what a lip kit is at the age of 47 is something I can't get out of my head). There's no denying that Spinning around the claim that Jenner warrants protecting her IP – especially where her products are open to counterfeiting.

According to papers filed with the US Patent and Trademark Office (USPTO), in April 2015 Jenner attempted to register the trademark ‘KYLIE’ in the US for "advertising services" and "endorsement services” but was opposed by Minogue's advisors on behalf of All the lovers of her products (which already included the US trademark KYLIE), stating that Jenner was a "secondary reality television personality" who had drawn criticism for her "photographic exhibitionism and controversial posts" on social media. Ouch.

But it appears we can Breathe easily once again as a compromise between the two parties has been reached. After Minogue's lawyers withdrew their opposition to Jenner's trademark filling, neither party was prepared to Confide in me or any other media sources as to the terms of the agreement.

The case has certainly drawn some parallels from other similar celebrity trademark disputes. From a digital asset point of view, the fact that Minogue has owned and actively used the domain name, which matches the trademark, for so long gives her significant intellectual property protection both against infringing applications and the nefarious activities of individuals looking to take advantage of her brand in maleficent ways.

For now, it seems that the battle for ownership of the Kylie branding is safe, with the legal teams heading off any Lo-Comotion for the time being at least.