Aussie mum’s legal battle with Kylie Jenner

 

ONE of the world's most powerful family has issued a Gold Coast mum with a "cease and desist" letter over a piece of clothing she has been selling for more than year.

Make-up queen Kylie Jenner, the world's youngest billionaire, sent an ultimatum to Ormeau clothing label Cased Clothing last week for it to stop selling a T-shirt with the "rise and shine" slogan.

Kylie Jenner sent a cease and desist letter to a Gold Coast mum. (Photo by Dimitrios Kambouris/Getty Images for The Met Museum/Vogue)
Kylie Jenner sent a cease and desist letter to a Gold Coast mum. (Photo by Dimitrios Kambouris/Getty Images for The Met Museum/Vogue)

Jenner, a half-sister to reality TV's Kim Kardasian, is trying to cash in on a video of her singing the words "rise and shine" to her daughter Stormi last month.

Jenner has 149 million Instagram followers and 6.62 million YouTube subscribers and generate $1.2 million for each social media post. She is trying to trademark the words "rise and shine" and "Riiise and Shiiinnee".

The legal letter sent to Cased Clothing objected to the design of a T-shirts. It read "rise and shine" and depicts an image of a palm tree and a sun.

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The Cased Clothing 'Rise and Shine' Tshirt.
The Cased Clothing 'Rise and Shine' Tshirt.

Cased Clothing, a car enthusiast clothing brand, has had the design on the market for more than a year.

The legal letter has spooked the Gold Coast mum, who does not want to be named. Besides, after selling hundreds of the branded T-shirts, she says she has only eight left.

"We have been selling the shirts for a year but tend to change our designs regularly so we hadn't planned on making many more," the mother said.

"I used to really like her, now I'm like are you kidding me.

"The design wasn't about her, it was just a shirt with a different holiday feel.

"We still have a few left but don't plan on selling them now. I would be really pissed if we had $4000 worth of T-shirts here but we only have about eight or so."

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Kylie Jenner wearing Australian Label Bec & Bridge. Picture: @kyliejenner/Instagram
Kylie Jenner wearing Australian Label Bec & Bridge. Picture: @kyliejenner/Instagram

Cased Clothing has been operating since 2017 and was part of the local family's motorsport hobby.

"I don't know how you would found us, our Google SEO isn't even that good," the woman said.

"They must have just done a blanket search on everyone who sells similar products.

"Unfortunately, we just don't have the money to fight something like that and she has enough cash to take us down. It's not worth it."

This is not the first time Jenner has made Australian headlines for her aggressive trademark tactics.

In 2017 she sought to trademark the word "Kylie", a move ultimately challenged and stopped at the US patent Office by lawyers acting for pop queen Kylie Minogue.

This week, international media outlets have reported a challenge to the rise and shine trademark attempt by a New Jersey nutrition company Rise-N-Shine LLC.

The owner Cathy Breggan said she was willing to fight the Jenner trademark claim.

Queensland intellectual property and trademark lawyer Taryn Lovegrove, of Davies Collison Cave, said it did not appear that "rise and shine" was registered to Kylie Jenner Inc in Australia.

The application was only underway in the US.

"It's possible that Kylie Jenner Inc could file into Australia shortly or even possible that an application has already been filed, but it is not appearing on the system as yet. It's important to note that if Kylie Jenner, Inc does file in Australia within 6 months of the US application, it can claim the US filing date for its Australian application," Ms Lovegrove said.

Ms Lovegrove said trademark was not the only legal battle those with similar slogans may face.

"If a mark has a reputation in Australia, then that reputation alone provides a basis for challenging use of a mark by someone else, if the use of that mark would mislead or deceive consumers."

Kylie Jenner Inc did not respond to requests for comment.



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