Kylie Jenner and the ‘Rise and Shine’ Trademark Battle

The internet is full of surprises. Trending topics, specifically on Twitter, can come out of nowhere, and it is complicated to mimic trends. A great example of this is a trending video that burst into fame in October involving none other than the youngest self-made billionaire, Kylie Jenner. A short 6-second clip became the source of a battle for a trademark for one of the most common phrases. In addition to Twitter, the clip also had 1 billion views on TikTok.

In the video clip, a camera crew follows Kylie Jenner walking into her daughter's bedroom early in the morning to wake her up. Once she turns on the lights, she wakes her daughter up in a sing-a-song voice saying, "Rise and Shine."

The clip of her singing 'Rise and Shine' has already been remixed into a song track, used as a meme, and has been trending around the world. Within twenty-four hours of this trending clip, the Kardashian-Jenner family had already started selling merchandise with the 'Rise and Shine' quote on it. Some merchandise, which included clothing, such as hoodies, with the phrase on it, sold out.

Furthermore, within a few days of this trend, Kylie Jenner had also applied for a trademark the phrase. It is unclear when or if she will be granted the trademark rights, but if it is approved, her trademark would protect merchandise such as:

• Belts
• Pants
• Coats
• Dresses
• Cosmetics
• Swimwear
• Socks
• Sleepwear
• Gloves
• Jackets
• Undergarments
• Scarves
• Lounge-wear
• Head wear
• Headbands
• Footwear

Kylie Jenner has been known for filing various trademarks, as she understands the importance of protecting her assets. Last year, she made headlines for her trademark application, in which she was looking to own the rights to the name 'Kylie.' However, Kylie Minogue, as a famous artist from Australia, challenged the trademark. As recent as the summer of 2019, it has been reported that the two have settled outside of the courtroom, which may mean that Kylie Jenner was not granted the right to trademark the name.

There are two lessons we can take away from this. The first is that you never know when something may gain momentum online and become famous. The second, never underestimate the power of trademarks and the importance of acting on it quickly, no matter what business you are in.