It was a victorious Wednesday for Australian fashion designer Katie Perry after securing rights over her own name for her clothing brand amid her years-long legal disputes with American pop superstar Katy Perry.
The ruling of High Court judges determined that Katie Perry’s brand had not damaged Katy Perry’s reputation or caused public confusion.
The court noted that the American singer’s fame in Australia was so well-established that consumers would not mistake Taylor’s clothing line for her merchandise.
“This has been an incredibly long and difficult journey,” Taylor said in a statement quoted by the British Broadcasting Corporation shortly after the decision.
“But today confirms what I always believed – that trademarks should protect businesses of all sizes.”
Katie Perry vs Katy Perry
The issue started in 2007 when Taylor’s maiden name, Katie Perry, was registered as a business and applied for a trademark.
She then went on with her efforts to make her brand well-known by putting up clothes for sale at local markets and through her website.
But things took a turn two years later when Katy Perry’s legal team challenged the use of the name but later dropped the action.
“I had never heard of the singer when I started my label,” Taylor said, detailing how she only became aware of Katy Perry in mid-2008 when the song “I Kissed A Girl” played on the radio.
“I was simply building a fashion business under the name I was born with.”
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Years-long trademark battle ends
In 2023, Taylor successfully sued the pop star for trademark infringement after Katy Perry sold merchandise during a 2014 Australian tour.
However, the decision was overturned on appeal in 2024.
“This case has never just been about a name,” Taylor said.
“It has been about protecting small businesses in Australia, standing up for what is right and showing that we all matter.”
While the High Court confirmed Taylor’s trademark remains registered, Katy Perry’s representatives said some related issues will be reviewed by the full federal court.
They also emphasised that the singer “never sought to close down Ms Taylor’s business or stop her selling clothes under the KATIE PERRY label.”
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