On the heels of a couple of trademark infringement suits in connection with the their makeup collection, formerly known as Kardashian Khroma, the two youngest members of the reality television family are embroiled in a trademark battle. Kendall and Kylie Jenner, who launched a clothing collaboration with Pacific Sunwear in 2013, have been named in a trademark infringement lawsuit in connection with one of their designs. The garment at issue: a t-shirt bearing the slogan: “RUN AWAY, FALL IN LOVE, NEVER RETURN.”
According to the lawsuit, which was filed last week by Island Company, LLC, the Palm Beach, Florida-based company that holds the trademark rights in the “QUIT YOUR JOB, BUY A TICKET, GET A TAN, FALL IN LOVE, NEVER RETURN” slogan in connection with clothing, it has been using the trademark on “high quality apparel and other goods since April 2005 and before any date upon which the [the Jenners and Pac Sun] can rely.” Island Company alleges, that the Jenners and Pac Sun “have adopted not only the trademark itself, but also the look and feel of the trademark via the use of similar font, spacing, and design.”
As for whether this is a slam-dunk case for Island Company, I’m not so sure. While the Jenners (or better yet, Pac Sun, as the sister probably didn’t do much designing) were almost certainly influenced by the existing slogan, it is probably just that. Influence. By adopting only the latter half of the trademark and thereby, leaving out the “QUIT YOUR JOB, BUY A TICKET, GET A TAN” element, they have arguably made enough changes to escape trademark infringement liability. Thoughts?