In a dispute that has tested the boundaries of trademark law, Australian designer Katie Taylor (trading as Katie Perry) continues her battle with pop star Katy Perry. Clifford Gouldson previously explored the earlier stages of this matter in our article What's in a Name? Trademark protections in Australia.
The case began when Ms Taylor registered the trademark Katie Perry for her fashion label in 2008 – just as the singer's star was rising internationally. In 2019, Ms Taylor commenced proceedings, alleging that Katy Perry and her associated companies had infringed her trademark through sales of Katy Perry-branded merchandise in Australia.
The Federal Court initially sided with Ms Taylor, finding instances of infringement between 2013 and 2015. However, the Full Federal Court overturned this decision in November 2024, ruling that Ms Taylor's trademark should be cancelled under section 88(2)(a) of the Trade Marks Act 1995 (Cth). The court found that Ms Taylor was aware of Katy Perry's growing reputation at the time of filing her trademark application, and that the name would likely cause consumer confusion.
In a new development, Ms Taylor has secured special leave to appeal to the High Court of Australia, with the hearing set for the second half of 2025. The High Court's ruling will be keenly watched, as it may reshape the way personal names and celebrity reputations are treated under Australian trademark law.
This evolving case is a timely reminder for businesses to conduct robust trademark searches – and to consider not only registered marks but also potential reputational risks – before launching a brand.
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