Battle looms over ownership of ‘Kyle & Jackie O Show’ trademark

Kyle Sandilands and Jackie Henderson’s new employers may not be able to call their program “The Kyle & Jackie O Show”, trademark data held by IP Australia suggests.

According to a database search, the trademark “Kyle & Jackie O Show” was lodged by Austereo – now Southern Cross Austereo – in July 2006. The trademark was formally entered on the register in 2007 and is not due for renewal until 2016.

The trademark extends across seven categories from broadcasting and entertainment to advertising, promotion and items such as DVDs, games and t-shirts.

Last week, the duo announced they were leaving SCA’s Sydney station 2DayFM at the end of this month. Rival media company Australian Radio Network has confirmed that it is in talks with the broadcasters, with the pair most likely to end up on Sydney’s Mix FM.

Southern Cross Austereo did not respond to Mumbrella’s sister title Encore’s questions about whether it would seek to enforce its trademark if the duo tried to use The Kyle & Jackie O Show name elsewhere.

kyle jackie o ip australiaA spokesman for Sandilands’ management declined to comment on the record, but maintained the trademark is owned and controlled by Sandilands and Henderson. However, the IP Australia registration does not back up this assertion.

The owner of the trademark is listed as Austereo Pty Ltd, with the address given as the company’s Sydney headquarters in Goulburn Street.

There was no opposition when the application was made by Austereo Pty Ltd in July 2006 to hold the trademark for 10 years.

Solicitor Rebecca Mason at von Muenster Solicitors and Attorneys in Sydney, said SCA would not be able to continue using the trademark following Kyle and Jackie’s departure without running into serious complications of consumer law.

She said: “In reality, Southern Cross Austereo will probably let it lapse when the trademark expires because there’s no value in it if they are not going to be able to use the trademark due to the resignations and potential legal issues.”

While the pair’s future show may not be able to use the exact name ‘Kyle & Jackie O’, Mason said the duo cannot be stopped from using their own names.

She said: “That specific configuration of ‘Kyle & Jackie O’ would be difficult for a competitor to use, but you cannot prevent somebody from using their own actual name, which they’ve previously used. So they could still refer to themselves as Kyle Sandilands and Jackie O, but potentially there would be issues with calling another show, Kyle & Jackie O.”

Megan Reynolds


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