As influencers evolve from content creators into lifestyle brands, trademark law is becoming their most valuable shield. Whether launching beauty lines, fashion labels, or digital products, influencers are now managing intellectual property portfolios once reserved for Fortune 500 companies. But with greater visibility comes greater risk—and recent influencer trademark cases underscore the urgent need for legal protections. This blog explores key legal battles involving influencers and trademarks, the core lessons for creators and the companies that partner with them, and how to structure a bulletproof brand protection strategy in today’s fast-moving digital marketplace.
Influencers Are Brands—and Brands Need Trademarks
Influencers today aren’t just promoting other people’s products—they’re building their own. From merch drops and podcasts to subscription platforms and skincare lines, influencers are monetizing their image and voice across channels.
But what many don’t realize is this: Your name, logo, tagline, and even your social media handle can be trademarked—and without protection, they’re vulnerable to copycats, legal disputes, and even loss of commercial control.
Whether you’re an influencer or a startup managing creator partnerships, failing to protect your trademarks is a risk you can’t afford.
Notable Influencer Trademark Cases
1. Charli D’Amelio v. Copycat Merch Lines
As TikTok megastar Charli D’Amelio began expanding her empire, multiple unauthorized sellers began using her name and likeness to promote “official” merch.
She and her legal team responded by filing trademark applications and sending cease-and-desist letters, asserting control over her personal brand and preventing consumer confusion.
2. Kim Kardashian and SKKN by Kim
In 2022, Kim Kardashian faced a trademark opposition after launching “SKKN by Kim,” a skincare line. A smaller beauty business, Beauty Concepts LLC, claimed trademark rights to “SKKN+.”
The dispute centered on prior use, likelihood of confusion, and brand overlap—highlighting the risks influencers face when launching brand extensions under names that might already be in use.
3. Kylie Jenner and “Kylie”
Kylie Jenner’s application to register “Kylie” as a trademark for cosmetic goods was opposed by Kylie Minogue, who held prior trademark rights in entertainment services.
While Jenner eventually reached a settlement, the case is a cautionary tale for influencers: first-name fame doesn’t guarantee first rights to a trademark.
Legal Takeaways from Influencer Trademark Cases
A. Trademark First, Launch Second
In each influencer trademark case above, timing was critical. Applying for federal trademark registration before launching a product or brand extension can:
- Prevent costly rebranding
- Strengthen your position in a legal dispute
- Lock in rights before competitors (or trolls) file first
B. Your Name Isn’t Automatically Yours in Commerce
B. Your Name Isn’t Automatically Yours in CommerceEven if you built your brand under your legal or stage name, it doesn’t mean you own the trademark rights. To establish enforceable rights, you need to:
- Use the name in commerce (on products, services, etc.)
- File with the USPTO and specify the correct class of goods/services
- Monitor and enforce your rights proactively
C. Personal Branding Is a Legal Asset
Your online handle, podcast title, course name, or merch label may qualify as trademarkable IP. Treat it like a business asset and protect it accordingly.
Why Startups Working with Influencers Need Trademark Strategy Too
Brands that partner with influencers—whether for endorsements, product collaborations, or white-labeled services—need to be clear on:
- Who owns the trademark? The influencer, the startup, or both?
- What happens if the partnership ends? Can either party continue using the name or brand elements?
- Are licensing rights clearly spelled out in the contract?
These are more than branding questions—they’re IP ownership issues and IP litigation disputes that can lead to lawsuits without clear agreements.
VI. How to Protect an Influencer Brand: Trademark Strategy 101
Whether you’re an influencer or a startup helping build one, here are the core steps to protecting your brand under trademark law:
1. Conduct a Trademark Search
Before choosing a brand name, product title, or even a podcast tagline, conduct a trademark search through the USPTO database and check for:
- Conflicting trademarks
- Pending applications
- Common-law uses in your category
2. File for Federal Trademark Registration
Register your name, brand, or logo in the appropriate classes (e.g., IC 25 for apparel, IC 3 for cosmetics, IC 41 for entertainment services).
Work with a trademark attorney to ensure:
- Accurate identification of goods/services
- Proper specimen of use
- A solid response to any USPTO office actions
3. Monitor and Enforce Your Trademark
Once registered, your mark must be policed and maintained. This includes:
- Watching for copycats or infringing use
- Sending cease-and-desist letters when necessary
- Filing oppositions with the Trademark Trial and Appeal Board (TTAB) when others try to register similar marks
Influencer Branding Is Serious Business—and Serious IP
In the creator economy, your brand is your business, and the legal foundation of that brand is your trademark portfolio. Recent influencer trademark cases have made it clear: whether you’re a solo creator, a startup incubating influencer brands, or a platform enabling branded content, trademark protection isn’t optional—it’s essential.
Don’t wait until you’re a household name to think about IP. Build it into your brand from day one.
David Nima Sharifi, Esq., founder of L.A. Tech and Media Law Firm, is one of the nation’s leading attorneys for influencers, creators, and technology startups navigating brand building, IP protection, and trademark enforcement. Recognized among the Top 30 New Media and E-Commerce attorneys by the Los Angeles Business Journal, David helps influencers and companies turn personal brands into legally protected empires.
Schedule your confidential consultation now by visiting L.A. Tech and Media Law Firm or using our secure contact form.
