Katy Perry Wins Trademark Appeal Against Australian Fashion Designer Katie Perry

Katy Perry has successfully appealed a trademark decision regarding her name, the BBC, The Guardian and USA Today are reporting.

In October 2019, the singer was sued by Australian designer Katie Taylor, who sells clothes under her birth name, Katie Perry, for trademark infringement.

In April 2023, Taylor won a lawsuit alleging that the pop star’s 2014 Australian tour merchandise infringed on a trademark the designer had held since 2008.

Katy Perry May 19, 2024

Disney/Eric McCandless

On Friday, Nov. 22, three appeals judges unanimously overturned last year’s court decision in Taylor’s favor, ruling that the singer had used her name as a trademark for five years before Taylor launched her business in 2008.

Taylor used the “Katie Perry” trademark, which she registered in Australia on September 29, 2008, according to her website. Perry’s first hit single, “I Kissed a Girl”, was released in April 2008 and featured on her second studio album, One of the Boys.

The judges ruled that at that point the “Dark Horse” singer had achieved “an international reputation to her name in music and entertainment, if not more widely,” according to USA Today. Therefore, Perry had the right to use her name in Australia.

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Additionally, in 2009, Perry’s lawyers sent Taylor a “cease and desist” letter before proposing to reach a “cohabitation agreement.” But Taylor rejected the deal, and the judges ruled because of that 2009 decision.[Taylor] brought this result to herself,” writes USA Today. “Unfortunately, it is no longer possible to return to the time of peaceful coexistence.”

Although Judge Markovic ruled in 2023 that Perry infringed the trademark with the goods in 2014, the judges found on November 22 that Perry used her name as a trademark in good faith during 2014. Prism tour.

Katy Perry on September 30, 2024 in Paris, France.

Swan Gallet/WWD via Getty

Along with Perry’s successful appeal, the judges also invalidated Taylor’s trademark registration on November 22. They found that Taylor filed for her trademark only after realizing Perry’s reputation and that some of Taylor’s branding decisions may have increased the chances that “consumers could potentially be deceived or confused .”

“This case is unfortunate in that two enterprising women in different countries have adopted their name as a trademark at a time when neither was aware of the other’s existence,” the ruling told USA Today. “Both women have invested blood, sweat and tears in the development of their businesses,” writes the BBC.

“As the fame of one grew internationally, the other became aware of its namesake and applied for a trademark,” the ruling states, reports the BBC.

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Taylor issued a statement: “This case proves that a trademark is not worth the paper it’s printed on. My fashion label has been my dream since I was 11 years old, and now that dream I’ve worked so hard for since 2006 has been taken away from me,” writes The Guardian.

“I lost everything, including my trademark. As you can imagine, I am devastated,” she said New York Post.

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Source: HIS Education