Earlier this month Kylie Jenner recorded and shared with fans a video of her waking up her one-year-old daughter Stormi from a nap by singing “Rise and Shine”. Fans ran with the catchphrase and the hashtag #riseandshine was created. The hashtag hit over a billion views on Tik Tok, a social media video app making it one of the fastest hashtags to do so and Jenner saw it as a way to make a profit. She quickly created two hoodies with the hashtag on them and made them available on her website for sale. The hoodies sold out immediately causing her to take further steps to trademark the phrase.
It may turn out though that Jenner’s genius business move wasn’t properly researched and that she may be facing legal issues as a result. Shortly after the #riseandshine hashtag saw massive amounts of success, Cathy Beggan, a New Jersey businesswoman came forward with proof that Jenner’s catchphrase sounds too similar to her current Rise-N-Shine trademark and claims to be the rightful owner of the phrase. Beggan is quoted as saying that “Jenner has illegally been using the catchphrase without the legal license or permission to do so and without any offer of compensation.”
Kylie Jenner filed paperwork to lock down the trademark just last week. Jenner is looking to get a trademark that covers the “Rise and Shine” phrase and any items that will have the phrase printed on them. Beggan believes that because her company already produces items that have the Rise-N-Shine™ phrase, Jenner’s trademark will be guilty of trademark infringement. Rise-N-Shine, LLC was established by Beggan in 2006 and is a company that makes cosmetics, nutritional supplements, vitamins.
The trademarks are not exactly the same but Beggan doesn’t plan on making it easy for Jenner to get, stating that she’s spent years developing her brand. Lucky for the mogul, Beggan is willing to compromise and suggested that if Jenner sings a jingle for Rise-N-Shine, LLC, she would consider licensing the phrase to her for use with certain non-competing products. She would also be looking to receive a fair licensing fee. She’s gone on to say that she wants a positive outcome and that she is hopeful that the two businesswomen who are also both single mothers can come to an amicable agreement.