"Rise and Shine:" Time to Trademark - Fordham Intellectual Property, Media & Entertainment Law Journal
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“Rise and Shine:” Time to Trademark

“Rise and Shine:” Time to Trademark

Wake up and smell the trademarks! Kylie Jenner is turning yet another viral moment into a business venture.

Last month, a video of the beauty mogul singing the phrase “rise and shine” to her daughter, Stormi, went viral.1 The original clip, which was part of the Kylie Cosmetics HQ video tour, showed Jenner flicking on the lights of her daughter’s at-work nursery and singing the now-famous tune.2 In seemingly no time, the meme-worthy moment took over the internet, going viral on Twitter, Instagram, and TikTok.3 In fact, the hashtag #RiseandShine hit one billion views on TikTok in a matter of days, making it the platform’s fastest-growing trend to date.4 Celebrities such as Miley Cyrus and Ariana Grande furthered its popularity by sharing comedic videos related to the trend.5 For example, Cyrus shared a Photoshopped video of Jenner singing the jingle on the stage of “The Voice,” prompting all four celebrity judges to slam their “I Want You” buzzers.6

A week or so later, Jenner personally acknowledged the phenomenon with a lighthearted Instagram post “featuring her smiling face as a ‘Teletubbies’-style sun.”7 At that point, the 22-year-old businesswoman had already taken the opportunity to monetize the moment and further expand her brand by offering a $65 “Rise and Shine” hoodie on her Kylie Shop.8 The merchandise features the image of her face as the sun with the word “riiise” on one sleeve and “shiiinne” on the other.9 Both the black and white color options are currently sold out.10

As the world’s youngest self-made billionaire11, it should be no surprise that Jenner likely has plans to further capitalize on this little jingle. On October 17, she filed trademark applications for the phrase “riiise and shiiinee.”12 If successful, this trademark would cover cosmetics and various clothing items, such as socks, coats, sleepwear, scarves, and undergarments.13

However, this plan may not go completely unchallenged. Cathy Beggan, a New Jersey businesswoman and single mother, has already come forward to say she owns the right to the phrase, which she trademarked for her Rise-N-Shine brand.14 Beggan has taken issue of Jenner’s use of the phrase “without the legal license or permission to do so and without any offer of compensation.”15

While the fate of Kylie Jenner’s application remains to be seen, one thing is for certain: she is no amateur when it comes to the trademark application process. In fact, she and the rest of her extended family are quite familiar with the workings of the U.S. Patent and Trademark Office.16 As of July 5, 2019, the Kardashian-Jenner family had reportedly filed approximately 716 trademark applications.17 This high number demonstrates a proactive approach at covering all future potential business ventures. Trademarks allow them to protect their personal brands and prevent others from capitalizing on their names.18 Kim Kardashian West and Kylie Jenner have even filed trademark applications in their children’s names.19 However, this is not a one-and-done deal—trademark applications need to be renewed every five years.20

  1. Christi Carras, Kylie Jenner Turns Meme into Profit with ‘Rise and Shine’ Apparel, L.A. Times (Oct. 18, 2019, 11:54 AM), https://www.latimes.com/business/story/2019-10-18/kylie-jenner-rise-and-shine-meme-merchandise.[https://perma.cc/3LUE-VH69]

  2. Kylie Jenner, Official Kylie Jenner Office Tour, YouTube (Oct. 10, 2019), https://www.youtube.com/watch?v=VayyLoioSAk.[https://perma.cc/T4TC-3DNL]

  3. Kylie Jenner’s ‘Rise & Shine’ Hashtag Hits 1 Billion Views on TikTok, TMZ (Oct. 21, 2019, 5:11 PM), https://www.tmz.com/2019/10/21/kylie-jenner-rise-and-shine-viral-tiktok-1-billion-views-hashtag.[https://perma.cc/N9G9-6UHC]

  4. Id.

  5. Id.

  6. Id.

  7. Id.

  8. Kylie Jenner Shop, https://kyliejennershop.com/products/rise-and-shine-hoodie-black (last visited Nov. 17, 2019).[https://perma.cc/S6D6-CTZH]

  9. Id.

  10. Id.

  11. Natalie Robehmed, At 21, Kylie Jenner Becomes the Youngest Self-Made Billionaire Ever, FORBES (March 5, 2019), https://www.forbes.com/sites/natalierobehmed/2019/03/05/at-21-kylie-jenner-becomes-the-youngest-self-made-billionaire-ever.[https://perma.cc/2Q9X-TJY9]

  12. Ella Chochrek, Kylie Jenner Files to Trademark ‘Riiise and Shiiinnee’ for Shoes & Clothing After Going Viral, Footwear News (Oct. 13, 2019, 12:58 PM), https://footwearnews.com/2019/business/legal-news/kylie-jenner-trademarks-rise-and-shine-clothing-shoes-1202861517.[https://perma.cc/DB8A-PJ62]

  13. Id.

  14. Tara Mahadevan, Woman Who Owns ‘Rise and Shine’ Trademark Responds to Kylie Jenner, Complex (Oct. 30, 2019), https://www.complex.com/pop-culture/2019/10/woman-owns-rise-and-shine-trademark-responds-kylie-jenner.[https://perma.cc/T3YN-VTH4]

  15. Id.

  16. Lisette Voytko, Kardashian Clan’s 716 Trademarks: How Kim, Kanye, Kylie, and Kendall Protect Their Brands, FORBES (July 5, 2019, 5:43 AM), https://www.forbes.com/sites/lisettevoytko/2019/07/05/kardashian-clans-716-trademarks-how-kim-kanye-kylie-and-kendall-protect-their-brands/#21a176c84e67.[https://perma.cc/ZVQ6-CCW6]

  17. Id.

  18. Id.

  19. Id.

  20. Id.

Tara Hayes

Tara Hayes is a second-year J.D. candidate at Fordham University School of Law and a staff member of the Intellectual Property, Media & Entertainment Law Journal. She holds a B.A. in Psychology from Scripps College.