Designer Katie Perry wins trademark appeal against singer Katy Perry
What's the story
In a landmark ruling, the High Court of Australia has ruled in favor of Sydney-based fashion designer Katie Perry, who changed her last name to Taylor in 2015, in her long-running trademark dispute with pop star Katy Perry. The court found that the designer's label did not breach trademark laws or cause confusion, despite the singer's fame. This decision resolved the appeal after nearly a 17-year legal battle between the two parties, but did not resolve all outstanding legal issues.
Legal proceedings
The legal battle began in 2009
The legal tussle started in May 2009 when the singer (real name: Katheryn Hudson) opposed Taylor's trademark registration and issued cease and desist letters. However, Perry's then-manager, Steven Jensen, assured Taylor that they had not tried to prevent her from trading under her name or sued her for trademark infringement. The designer formally registered "Katie Perry" as an Australian trademark in July 2009. She had applied to register Katie Perry as a business name in April 2007.
Decision impact
Court found the singer's label was 'assiduous infringers'
The High Court's majority decision on Wednesday found that the singer's label, Kitty Purry, and her international merchandise distributor, Bravado, were "assiduous infringers" of Taylor's trademark. The court also noted that most of the singer's merchandise sold in Australia consisted of clothing, despite her having voluntarily registered the "Katy Perry" trademark to exclude apparel. This conduct was described as "very much deliberate."
Post-ruling comments
Perry never sought to close down Taylor's business
After the ruling, a spokesperson for the singer said: "Katy Perry has never sought to close down Ms. Taylor's business or stop her selling clothes under the KATIE PERRY label." The court also referred the case back to the Full Federal Court to examine issues raised by Perry, including Taylor's 10-year delay in filing the case against her.
Designer's response
'Even small Australian businesses can stand up for rights'
In a statement posted on the Katie Perry website, Taylor said the decision showed that "even small Australian businesses" can stand up for their rights. "This case has never just been about a name," she said. "It has been about protecting small business in Australia, for standing up for what is right and showing that we all matter."