Keeping Up With the Kardashians? What about keeping up with Chicago West trademark applications…
Ever since the birth of Kim Kardashian West and Kanye West’s daughter, Chicago West, I have been anticipating the news that the celebrity couple would follow Beyoncé’s lead and file for trademark applications for their new daughter Chicago West. (In 2017, Beyoncé spent roughly $12,000 on trademark application filing fees for her twin’s names, Rumi Carter and Sir Carter.)
Well, it looks like the first application to register CHICAGOWEST as a trademark was indeed filed but not by Kim Kardashian or Kanye West –but rather ChicagoWest, LLC.
On February 4, 2018, ChicagoWest, LLC filed for trademark protection for CHICAGOWEST for hot dog sandwiches; Popcorn; Sandwiches. (And according to the trademark application the date of first use for the company was September 15, 2016 –long time before the birth Kim and Kanye’s daughter.)
According to the ChicagoWest website, the company appears to be a Seattle based Food Truck that has been in service since 2016 and serves “Chicago style food” –including Chicago Dogs, Chicago Beef sandwiches, Gramma’s roast beef sandwich, and Chicago mix popcorn.
The company has even made light of the situation acknowledging their food truck shares their name with the child of the famous celebrity couple.
“We at ChicagoWest are so honored that Kim and Kanye would consider naming their child after our food truck. We didn’t see them at the truck but feel this must be a nod to our amazing Chicago Beef Sandwich.”
But what does this mean? Does this mean ChicagoWest the Seattle food truck will own the trademark for CHICAGOWEST but Chicago West the Kimye baby won’t? Well, it really depends.
ChicagoWest LLC uses the ChicagoWest name to sell goods namely, hot dog sandwiches, popcorn, and sandwiches. And this means that Kim and Kanye would need to do the same. The couple would have to sell goods or provide services under the CHICAGO WEST name in order to obtain trademark registration of the name. They cannot merely use the name as the name of their daughter to garner trademark protection.
ChicagoWest LLC states in their trademark application they have been using the CHICAGOWEST trademark since September 2016, long before the birth of Kim and Kanye’s daughter. This is important to note because generally, in trademark law, the first to use the trademark is the senior use, and thus has priority of the trademark but only in the he goods or services offered under the trademark. Thus, it would likely be difficult for Kim and Kanye to go after ChicagoWest LLC for registering CHICAGOWEST for hot dogs and popcorn. And they couple may even face further difficulty if they decided they wanted the CHICAGO WEST name to be used in conjunction with foods and possibly restaurants.
Kim and Kanye could likely gain trademark protection for CHICAGO WEST if they do not use the name in conjunction with any goods or services related to any goods or services ChicagoWest LLC filed for trademark protection for. This likely means, as long as Kim and Kanye steer clear of selling hot dogs, popcorn or sandwiches with the CHICAGO WEST name they will not likely infringe upon ChicagoWest LLC’s trademark. So as long as Kim and Kanye use CHICAGO WEST for different goods or services than ChicagoWest LLC they could likely obtain federal trademark registration.
Overall though, it doesn’t seem a trademark fight will be happening anytime soon between ChicagoWest the food truck and Chicago West the Kimye baby. Guess we will have to “keep up” and see…
CHELSEA WOLD, is a law clerk for LegalForce RAPC. She received her Juris Doctor degree from Sandra Day O’Connor College of Law, Arizona State University in May 2016. On the personal side, Chelsea has her own blog that she started as a journalism major in college.