December 6, 2019
Kylie Jenner has applied to trademark the phrase “Rise and Shine” after a video of her singing the phrase went viral. Kylie recently posted a video tour of the office of her cosmetics line, Kylie Cosmetics. Toward the end of the video, Kylie steps into her daughter Stormi’s in-office nursery to wake Stormi up, turns on the light and sings the phrase “Rise and Shine”. This clip went viral on the social network TikTok.
After the video went viral, Kylie quickly began selling “Rise and Shine” merchandise. So far, Kylie has only sold sweaters featuring the phrase. However, if the trademark application is approved, it would cover a wide range of merchandise including, for example, belts, coats, dresses, footwear, and jackets.
In the time since Kylie’s application, a New Jersey woman named Cathy Beggan has come forward to assert that, in fact, she is the proper owner of the trademark. Beggan is the founder and president of Rise-N-Shine LLC, which is a company that provides nutritional supplements, vitamins, and cosmetics. Beggan has stated publicly that Kylie is using the phrase without legal license or permission.
Kylie is not the only individual to seek trademark protection for a phrase after it goes viral. Drag queen Jasmine Masters, featured on RuPaul’s Drag Race Seasons 7 and All-Stars 4, applied to trademark the phrase “And I Oop” after a video of her saying the phrase went viral. Jasmine also applied for the trademark to protect merchandise sales.
Authors: Amanda Bertucci and Mark Leonard