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Kardashians, Caitlyn Jenner, and More Celebrity Trademark Nonsense
by Guest Blogger
Kendal and Kylie Jenner have filed applications to claim trademark rights in their names with the U.S. Patent and Trademark Office. The applications for KENDALL JENNER, KYLIE JENNER and KENDALL & KYLIE were filed last month based on an intent to use the marks in commerce in the future. (Does anyone else think it is super odd that Bruce Jenner adopted the name "Caitlyn" Jenner for his new gender identity â eschewing the family "K" names in favor of a "C" spelling?).
As I wrote here a few weeks ago, a name is usually not a trademark. A name can become a trademark if used to sell goods or services in a trademark manner. This is not the same as a celebrity endorsement. Rather, it is the association of a name with a particular product or service among consumers over time. Think George Foreman GrillÂ® but not Chuck Woolery and Australian Dream arthritis cream.
What is the product or service that the Kardashians offer in connection with their "marks"? Apparently a line of clothing is among the branded goods, as evidenced by a federal registration for KENDALL & KYLIE issued in 2013 in connection with "belts; bottoms; coats; dresses; footwear; head-wear; jackets; lounge-wear; scarves; swimwear; tops." A picture of the specimen of use is shown here. I only wish they had submitted a picture of the entire garment so I could see what "lounge-wear" looks like.
The Gordon & Silver firm of Las Vegas, Nevada filed the application, which is owned jointly by Kendall Jenner Inc. and Kylie Jenner, Inc. The two were required to indicate their consent to the registration, as living individuals identified by the mark.
Will Bruce/Caitlyn Jenner be next to try to commercial his brand in a clothing line? Talk about a marketing niche.
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