Local lawyer comments on Kylie vs Kylie

cathryn warburton

Cathryn Warburton, award winning Queensland patent attorney and solicitor

Australian pop princess, Kylie Minogue, has accused Kylie Jenner of being a “secondary reality television personality”.

The dispute between the two Kylies erupted when Kylie Jenner tried to register a slew of trade marks including the word “Kylie”.   Queensland patent attorney Cathryn Warburton, winner of 2015 Stevie Award for Women In Business awarded in New York, said the Kylie Minogue had been smart in trade marking her name in the USA where the current name drama is playing out.

“In the fight over the name “Kylie”, Kylie Minogue has raised concerns in legal documents filed on her behalf, about Kylie Jenner’s ‘photographic exhibitionism and controversial posts’ on social media,” said Mrs. Warburton, 46, an award winning Queensland patent attorney and solicitor, with 18 years’ experience in combatting intellectual property theft.

“Having her name registered as a trade mark puts her in a very strong position to stop Kylie Jenner’s trade mark application in its tracks.

“Kylie Minogue has protected her major asset … her name … by registering trade marks for ‘Kylie’, ‘Kylie Minogue’, ‘Kylie Minogue Darling’ and ‘Lucky – The Kylie Minogue Musical’,”

The complaint filed on behalf of Kylie Minogue notes that Kylie Jenner appeared ‘on the television series “Keeping Up With the Kardashians” as a supporting character, to Ms. Jenner’s half sisters, Kim, Khloe, and Kourtney Kardashian (i.e., the Kardashians).’

“The only sure way to stop others from stealing your brand name is to register it as a trade mark,” said Mrs. Warburton.

“Our Aussie Kylie is not only a pop-sensation and breast-cancer ambassador, she is a savvy business woman who has taken trade marking precautions against others tarnishing her squeaky clean image.”

The fight has only just begun, with both sides still to give evidence in the trade mark dispute. Having her name registered as a trade mark, puts Kylie Minogue in a very good legal position.

Not all businesses are as trade mark savvy as Kylie Minogue. Forgetting to file a trade mark application early enough in China for ‘iPad’ cost Apple Inc. $60 million in 2012, when they had to buy the name back from an almost bankrupt tech company who registered it first.

About Acacia Law

Cathryn Warburton is an award-winning patent attorney and lawyer based in Ipswich, Queensland who assists small business owners understand and protect their intellectual property rights.