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Two women, two dreams, one name - 29th May 2023
American popstar Katy Perry lost a legal battle in Australia over the right to sell merchandise with her stage name. Who won? Katie Perry, an Australian clothes designer using an almost identical name.
In 2008, the designer Katie Perry trademarked her name in Australia, using it to brand her clothes. Teenage Dream singer Katy had attempted to block the trademark but eventually gave up the fight.
During her 2014 Australian tour, the singer, whose real name is Katheryn Elizabeth Hudson, sold merch displaying her stage name Katy Perry. Five years later, the designer, whose real name is Katie Taylor, filed a lawsuit against the artist, arguing that Hudson ignored Taylor’s trademark.
Deciding in Taylor’s favour, the judge ruled that Hudson’s company, Kitty Purry, broke the trademark when selling merchandise in 2014. The business will need to pay a yet to be decided sum of money in damages.
Justice Markovic acknowledged that Perry herself had acted in good faith and wasn’t in violation of the law. Markovic also rejected claims she violated the trademark in 2018. However, Markovic also denied the singer’s request to annul the trademark.
For Taylor, the victory wasn’t just about the money and herself. She stressed that it's "for small businesses in this country, many of them started by women."
This isn’t the only time celebrities have had issues with name trademarking. In 2015, Kylie Jenner, Kim Kardashian’s younger half sister, attempted to trademark the name Kylie for advertising purposes. Meanwhile, the singer Kylie Minogue filed in opposition arguing the trademark would hurt her brand. No one knows how this ended, but it’s rumoured that the two parties reached a settlement allowing Jenner to trademark.
Back in the Australian courtroom, Justice Markovic summed up the case, writing "This is a tale of two women, two teenage dreams and one name."
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