Girl prepairing for workout

Kardashian Shapewear Draws Criticism for Cultural Insensitivity

Malcolm Campbell ||

Being no stranger to controversy, Kim Kardashian is currently facing public scrutiny regarding the release of her new body shapewear line, ‘Kimono’. Kim’s choice of brand name has prompted widespread accusations of cultural insensitivity due to its blatant disrespect of the Japanese culture. Understandably, the Kardashian fashion line of ‘solution wear’ for women is vastly different to the culturally significant Japanese traditional robe.

Unsurprisingly, Kim has faced significant backlash and widespread allegations of cultural insensitivity and appropriation for the use of her trade mark. A social media frenzy has consequently sparked with the #KimOhNo campaign trending on multiple social media platforms. Japanese women have also actively protested against the Kardashian business venture by sharing photographs of themselves in the traditional Japanese gown. The Mayor of Kyoto, Daisaku Kadokawa, has also requested that Kim reconsider her decision to use the name “Kimono” as her trade mark and to recognise the importance of the word within Japan’s cultural history. Kadokawa further explained that Japan was in the process of registering ‘Kimono’ on UNESCO’S Intangible Cultural Heritage List and consequently the word should not be monopolised or the subject of a trade mark application. Kim has since bowed to public pressure by announcing that she will consider changing the name of her shapewear brand.

Interestingly, the registration of the word ‘Kimono’ for the Kardashian shapewear line will not prevent individuals (or countries) from using the term. It is worth considering the millions of registrations for commonly understood words on Trade Mark Registers around the world that do not impede on the use of the word in a cultural way or as a descriptive term. The most commonly known example is the well-known brand ‘Apple’. Apple Inc.’s trade mark registrations for the common fruit only prevents other entities from using the word ‘apple’ in relation to the goods and services covered by its registrations, namely computers and computer software, ultimately stopping other entities from abusing or “riding on the coat tails” on the success and reputation of the Apple brand. In the current circumstances, Kim’s use of the trade mark “Kimono” allows her to use the word in relation to her shapewear line but does not preclude or restrict anyone from making kimonos or using the word kimono in reference to the traditional Japanese garment.

Since the release of the shapewear line in June, it has been revealed that Kim has filed trade mark applications not only for the word ‘Kimono’ but for the trade marks ‘Kimono Body’, ‘Kimono Intimates’ and ‘Kimono World’ in the United States. The key issue at play when considering the registration of these terms is that of cultural appropriation and the intellectual property (IP) rights of Indigenous culture and knowledge. In early 2018 IP Australia published the Indigenous Knowledge: Issues for protection and management; a paper which closely explored the relationship between tradition-based knowledge of Aboriginal and Torres Strait Islander peoples and issues of IP. The Report encouraged businesses to ‘do the right thing’ and respect the integrity of Indigenous knowledge to avoid potential misappropriation, particularly when considering trade marks. Recently, Sydney’s Federal Court ordered Birubi Art Pty Ltd to pay a multimillion-dollar penalty after it was found in October 2018 to have produced fake aboriginal artwork.

Key Takeaways for Businesses

Kim’s ‘Kimono’ trade mark debacle raises several important lessons for businesses. Firstly, businesses should be urged to take the necessary steps to research the availability and registrability of a trade mark. This should be done well before a trade mark is registered or promoted within the public domain. Within an Australian context, businesses should be aware of section 42 of the Trade Marks Act which makes it possible for the Registrar of Trade Marks to reject a trade mark application if the mark is considered to be ‘scandalous’. An application may also be opposed by a third party on the same grounds. Additionally, it is of upmost importance for businesses to consider the broader cultural issues when researching the legal aspects of a new brand and seeking protection for that brand. A company’s choice of words can negatively impact a brand’s reputation and create bad publicity costs, possibly to the brands demise as seen by the public backlash ‘Kimono’ has faced in the short space of a week.

For more information or to discuss a trade mark application that may be culturally insensitive, please contact our Intellectual Property team.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

A guide to intrafamily adoption

Adoption is the process where a parent’s legal rights for their child are transferred to another person. The formal adoption of a stepchild or close relative is known as intrafamily adoption.

Passenger movement and visa data-matching by the ATO

Heading overseas for work or a holiday? Taxation issues, including tax residency, should be on front of mind when departing from or arriving to Australia. Why? Because the Australian Taxation Office (ATO) can follow your footprints and, if you’re not careful, spring unexpected taxes on you.

Is it really necessary for my executor to have so many powers?

People often question why the executor of their estate needs to have so many powers. Simply put – if your executor isn’t given any additional powers by your Will, then they are limited to what is set out in the Trustee Act. One area that this can lead to issues in, is the family home – particularly if beneficiaries aren’t in agreement.

Essential terms of a commercial lease

A commercial lease is a contract that details the rights and obligations of a tenant and landlord. So, what are the necessary terms of a commercial lease?

Responding to data breaches

In the final part of our four-part series on your business’ responsibilities related to cyber attacks and data breaches, Special Counsel John Bennett how businesses should respond to data breaches, including application and requirements of the Notifiable Data Breaches Scheme.

Security of personal information

Part 3 of a four-part series on your business’ responsibilities related to cyber attacks and data breaches where Special Counsel, John Bennett provides an overview of some court decisions and proceedings where ‘security’ of personal information has come into issue.

Parental alienation in Family Law

The concept, Parental Alienation Syndrome, was initially brought about by American psychiatrist Richard Gardner in 1985. The term parental alienation is used to describe a situation where one parent is involved in psychologically manipulating their child to turn against the other parent.

Are you liable for labour hire workers if they are injured?

Many employers (host employers) engage employees of labour hire companies, particularly in the building and construction, hospitality and manufacturing industries. However, what happens when one of these employees gets injured at the host employer’s work site? Who is liable for the injuries?

The risks with cyber attacks and data breaches

Part 1 of a four-part series on your business’ responsibilities related to cyber attacks and data breaches. Cyber attacks and data breaches are the top business risk in Australia according to Aon’s 2023 Global Risk Management Survey.

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230