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  • Good morning Hank, it's Tuesday. I've been thinking a lot about Kylie Jenner.

  • By the way, this is a story in which no one is telling the entire truth, including me!

  • But right, I've been thinking a lot about Kylie Jenner.

  • I don't WANT to be, exactly, but I went on reddit and I saw this post

  • with 129,000 upvotes titled, "Kylie Jenner thinks she owns the phrase rise and shine.”

  • Highly upvoted comments included, "Can we fundraise to countersue?"

  • and hundreds of other angry takedowns,

  • and literally no one pointing out that this entire story was fictional.

  • Then again, Jenner's response to the story was a little misleading.

  • Okay, so I guess at some point Kylie Jenner said Rise and Shine

  • in a funny way that got extensively memefied

  • and then Jenner quickly released some merch, which by the way is exactly

  • what I would do if something I said were viewed a billion views on tiktok.

  • But anyway, then TMZ reported that Jenner's company had filed to trademark

  • the phrase "Rise and Shine" in the context of cosmetics and clothing,

  • and people got rather upset.

  • But the thing to remember is that trademarking a phrase

  • is not the same thing as owning the phrase.

  • Like Nike did not invent the idea of Just Doing It, and indeed

  • Shia LaBeouf is not infringing on Nike's trademark when he says,

  • "Just do it."

  • He would only be infringing on Nike's trademark if he said Just Do It

  • in certain contextslike the marketing of sportswear context.

  • Similarly, if Kylie Jenner trademarked the phrase Rise and Shine,

  • I could still annoy my children by saying Rise and Shine every morning;

  • I just couldn't start a cosmetics line called Rise and Shine.

  • That is, of course, assuming the trademark applications are approved,

  • which they might not be, because several other companies already

  • have "rise and shine" related trademarks, which presumably

  • Jenner's lawyers knew about because they are also seeking to trademark

  • the somewhat less common phrase, "Rise with three i's and shine with five total vowels."

  • And then, just as outrage about these trademark applications is growing,

  • the Gold Coast Bulletin in Australia publishes a story claiming that

  • a small t-shirt company that sellsRise and Shine” t-shirts

  • has received a cease and desist letter from Kylie Jenner.

  • This is the story that became a tweet that got screenshotted

  • and became a reddit post that got 129,000 upvotes,

  • and it is entirely falseit has been denied not just by Jenner

  • but also by the Australian t-shirt company.

  • How did this story get published? I don't know.

  • Maybe a source exaggerated. Maybe there was a miscommunication.

  • The real question is,

  • How come I only read one story in the Gold Coast Bulletin this year, and it was that one?”

  • Right? Like the problem is that I am much more likely to click on their inaccurate news

  • than on their accurate news. Assuming they have any.

  • I know nothing about the outlet!

  • So then Jenner says on twitter, “I have not sent any Rise and Shine cease and desist letters.

  • Rise and Shine was an unexpected moment.

  • I had a lot of fun with it, and I have laughed so hard seeing everyone's memes.”

  • Which is an amazing statement and was definitely vetted by a lawyer.

  • That statement does an amazing job of avoiding the fact that should those trademark applications be granted,

  • Jenner's company will be required by law to send lots of cease and desist letters,

  • including potentially to small companies selling Rise and Shine t-shirts.

  • If you have a trademark, you are not legally allowed to selectively enforce it,

  • and you have to enforce it, otherwise you lose the trademark.

  • This is why, as explained elsewhere, Hank and I have never trademarked

  • the phrase, “Don't forget to be awesomeor the initialismDFTBA.”

  • In short, trademark law is complicated.

  • I said at the beginning I wasn't going to tell the whole truth, and I haven't.

  • Even this video has radically oversimplified it.

  • But I hope it hasn't been too oversimplified because at a certain point,

  • distillation becomes a form of deception.

  • That's true when it comes to the life and times of Kylie Jenner,

  • but also when it comes to much larger news stories, and this isn't only a problem on reddit.

  • I mean, all. over. the place headlines misrepresented the truth.

  • I get that nuance isn't as likely to generate 129,000 upvotes as outrage,

  • but until it is, we're going to be swimming in a lot of misinformation.

  • Hank, I'll see you on Friday.

Good morning Hank, it's Tuesday. I've been thinking a lot about Kylie Jenner.

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B1 jenner trademark shine kylie phrase reddit

Kylie Jenner Shows Me What's Wrong with Reddit

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    林宜悉 posted on 2020/03/30
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