Yahoo Finance Aussie business wins major David vs Goliath fight against Kanye West: 'This is our turf now'
Alexei Kouleshov's trademark application was approved before the US rapper could own the same name.
An Australian IT business has launched a David vs Goliath fight against Kanye West and come out on top. Alexei Kouleshov was surprised when he saw the rapper launch his online news service YEWS and wanted to trademark it.
Trademark law can be a minefield, especially when you're up against a big-name celebrity. Ian Aldridge, principal lawyer and director at Progressive Legal, told Yahoo Finance Kouleshov's battle is one of many that have erupted in Australia.
"Lots of US businesses who think they own the world have tried and famously failed in Australia multiple times to prosecute their brands against Australians who have done the right thing and had the resources to fight and the will and conviction to defend their trademark," he said.
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West had filed 26 trademark applications in California for exclusive rights to the word YEWS.
While it started as a small-time news service, the rapper, who legally goes by the name Ye, apparently had plans to use the YEWS name for music, sport, fashion and gambling, according to documents.
However, Kouleshov had also filed an application in Australia to trademark his brand known as 'Your Easy Web Solutions', which also goes by the name YEWS.
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The Brisbane dad was worried the rapper's recent antisemitic and problematic statements would lead to unfortunate associations with his business.
So, it was a race against time for whose application would be approved first. In the end, it was Kouleshov who came out on top.
"Seven months later, which is how long it takes for a trademark to actually finalise, we got it," he explained to A Current Affair.
"Every small business should definitely fight for their name if they come into a situation like this. Kanye, this is our turf now."
The small business owner was worried it could have turned into a "crazy" multi-million dollar fight, but he's glad his trademark was approved first.
Trademarks are worth their weight in gold
Aldridge told Yahoo Finance it's definitely worth trademarking your brand if you want to protect it.
"We're finding that people are starting to wise up to the power of a registered trademark," he said.
"If you're in business and conducting trade and you don't have the registered trademark, then you're at risk of someone else coming along and trying to register underneath you.
"And then you're fighting against this old adage that possession is nine-tenths of the law."
He explained that as long as a business is operating in "good faith" and has their trademarks filed as early as possible then they'll be in the clear.
Operating in "bad faith" is the term used when someone tries to prevent another person or company with genuine trademark claims from registering a trademark in a certain region.
Other famous Aussie vs A-lister trademark battles
One of the biggest battles that erupted was between Hungry Jacks and McDonald's.
The three-year showdown centred on Jacks's Big Jack and Mega Jack burgers, which Macca's claimed was a trademark infringement on its iconic Big Mac.
But Australia's Federal Court declared that neither burger from Hungry Jacks was deceptively similar to the Big Mac and the Aussie brand had not engaged in trademark infringement.
Then there was the huge Kylie vs Kylie battle of two superstars.
Australia's own Kylie Minogue fought Kylie Jenner over the reality TV star's application to trademark the name Kylie.
Jenner wanted to sell beauty products and other items under the Kylie name, but the Aussie singing icon revealed she had been selling products like perfume, clothes and other merchandise under the name Kylie since 1996.
Jenner's application was rejected by the US Patent and Trademark Office, but the two eventually came to a trademark agreement in 2017.
Australian businesswoman Katie Jane Taylor also famously sued Katy Perry for trademark infringement over claims the American singer was selling clothes with a name that was "substantially identical to or deceptively similar" to her brand.
Taylor had registered her business and domain name 'Katie Perry' in 2007 and the Federal Court ruled in her favour.
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