katie perry, a Sydney fashion designer behind the Katie Perry label, has won a 16-year trademark dispute with US pop star Katy Perry in a majority decision handed down on Wednesday (ET) by Australia’s High Court. The court found the designer’s mark did not breach trademark laws and was not likely to cause confusion. The ruling ends nearly two decades of challenges over the use of the name in clothing and related merchandise.
Key findings from the High Court
The High Court concluded the designer’s label could remain registered for clothing, rejecting the claim that the pop star’s reputation at the time of registration made confusion likely. The court described the singer’s label and its merchandise distributor as having been “assiduous infringers” of trademark in the judgment text. The decision notes the designer applied to register the business name in April 2007 and later lodged a trademark application for the Katie Perry mark for clothing in September 2008; the mark was formally entered into the Australian register in July 2009.
The court record states the singer’s team created an online store selling “Katy Perry” branded merchandise worldwide in October 2008, and that the singer’s own Australian trademark for “Katy Perry” covering other classes was registered in November 2011. The legal battle began with a notice of opposition and cease-and-desist steps in May 2009, followed by extended litigation that the High Court has now resolved.
Katie Perry: Immediate reactions
Steven Jensen, the singer’s manager at the time, told the singer in an email that her team had “not tried to keep [Taylor] from trading under her name” and had “certainly not sued her for trademark infringement, ” as recorded in the court judgment. The judgment also cites an email from the singer, whose real name is Katheryn Hudson, in which she wrote, “Stupid b*tches. I wouldn’t have even bothered with this [if] mtv hadn’t picked up this silliness. “
The designer, who is identified in the court record as Katie Taylor and was born Katie Perry, has used the Katie Perry name on her clothing range and to promote her brand, actions the High Court has found lawful in this instance.
Background and what happens next
The dispute unfolded over many years: the designer sought business name registration in 2007, applied for a clothing trademark in 2008, and faced opposition after the pop star’s team began selling branded merchandise in 2008. Nearly eight years later the designer initiated federal court proceedings asserting infringement over clothing sales, and that litigation ultimately progressed to the High Court.
katie perry now has the High Court’s backing to continue using her registered mark for clothing in Australia. katie perry’s victory removes the central legal barrier that had constrained her label’s status in the trademark register, while the judgment records the conduct of the singer’s team and its manager during the dispute. katie perry’s business and legal teams will now review the judgment details and determine any remaining administrative steps. katie perry’s case closes a long chapter in a dispute that has been active in federal courts and the national trademark register.
