Katy Perry Lawsuit from Australian Designer
In case you've missed it, U.S. pop star Katy Perry has been defending a trademark infringement lawsuit brought by Australian fashion designer Katie Perry. US-Katy sold merchandise at her Australian concert in 2014, and nine years later, Australian-Katie filed suit, alleging trademark infringement (Australian-Katie registered a trademark in her business name). The Katy Perry lawsuit apparently dates as far back as 2009, when Australian-Katie first complained. US-Katy offered for the parties to coexist, but Australian-Katie refused.
Lower Court Rules in Favor of Australian-Katie
The lower court ruled in favor of Australian-Katie back in 2023, finding infringement by US-Katy despite a complete lack of any evidence of confusion, and it rejected US-Katy's efforts to cancel Australian-Katie's trademark registration.
Appellate Court Overturns Decision, Siding with U.S.-Katy
US-Katy appealed, prompting Australian-Katie to cry foul, even though she initiated the legal action in the first place. In recent weeks, the appellate court handed down its own opinion in favor of US-Katy. Citing US-Katy's priority (her use of the name "Katy Perry" for five years before Australian-Katie even created her business) and her international fame, the appellate court overturned the lower court decision and canceled Australian-Katie's registration. The appellate court also found that Australian-Katie had contributed to any potential confusion on her own by trying to associate with US-Katy through various means and by filing for trademark registration only after realizing US-Katy's reputation.
Missed Opportunity for Peaceful Coexistence
And what about US-Katy's attempts at peaceful coexistence back in 2009—which Australian-Katie rejected? The appellate court considered that, too, noting, "[having] rejected the offer, [Australian-Katie] then chose to commence infringement proceedings ... In that sense, [Australian-Katie] has brought this result on herself. Unfortunately, a return to peaceful coexistence is no longer possible."
The Bigger Lesson in Trademark Law
After the appellate ruling, handed down on November 22, 2024, Australian-Katie stated, "This case proves a trademark isn't worth the paper it's printed on." In reality, the case highlights the importance of trademark registration and celebrities protecting their rights, as well as the broader implications for anyone seeking to enforce a trademark. The lesson in this case is not to attempt to enforce a trademark beyond its natural constraints; instead, one must be aware of prior use, especially when that use belongs to an international pop star.
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