24 October 2019TrademarksRory O'Neill

Kylie Jenner makes ‘Rise and Shine’ TM attempt

Reality TV star Kylie Jenner has filed a trademark application for the phrase “rise and shine”, as well as an alternative spelling “riiise and shiiinee”, off the back of a viral video she posted on social media earlier this month.

The video featured Jenner giving viewers a tour of her office, during which she sang the phrase to her infant daughter.

Jenner subsequently released hoodies bearing the phrase, and has now filed to protect the phrase as her own IP.

The “riiise and shiiinee” application is in class 25 for clothing, while the more prosaic “rise and shine” application covers clothing as well as class 3 for cosmetics.

After Jenner posted the video on October 10, it quickly captured the imagination of social media users. It was reportedly the fastest video to reach 1 billion views on video sharing platform TikTok, while other celebrities such as Miley Rae Cyrus shared memes referencing the video online.

Jenner was quick to monetise the phrase, with her $65 hoodies featuring the phrase quickly selling out.

Several news outlets have now reported that “Twitter” has reacted negatively to Jenner’s trademark applications, with some considering the move to establish a commercial monopoly on “rise and shine” to be excessive.

Jenner has been dragged into multiple trademark disputes over her cosmetics and fashion businesses in the past.

Last October, she was sued over her “Born to Sparkle” makeup range by a company who claimed it was already using the brand. According to Alabama-based Sheree Cosmetics, its brand had acquired a high level of distinctiveness.

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23 October 2018   Kylie Jenner’s glitter-based cosmetics are at the centre of a trademark lawsuit filed yesterday at the US District Court for the Southern District of New York.