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You are here: Home / Celebrities / Celebrity Legal / Katy Perry Wins Trademark Appeal in Legal Battle with Australian Designer Katie Perry

Katy Perry Wins Trademark Appeal in Legal Battle with Australian Designer Katie Perry

November 23, 2024 by sarita

In a significant legal victory, Katy Perry has successfully appealed a trademark ruling in her ongoing dispute with Australian designer Katie Taylor, who operates under the name Katie Perry. The legal saga, which began in 2019, reached a pivotal moment on November 22, 2024, when three appeal judges unanimously overturned the earlier decision that favored Taylor.

Katy Perry Wins Trademark Appeal in Legal Battle with Australian Designer Katie PerryKaty Perry Wins Trademark Appeal in Legal Battle with Australian Designer Katie Perry

The Background:

The conflict traces back to October 2019, when Katie Taylor sued the pop star for trademark infringement. Taylor had held the trademark for “Katie Perry” in Australia since 2008, the same year she started her fashion business. In April 2023, the court ruled in Taylor’s favor, stating that Katy Perry’s 2014 Australian tour merchandise violated Taylor’s existing trademark.

However, Perry, who had already gained international fame by the time Taylor registered her trademark, challenged the decision. The appeal centered on whether Perry had established her name as a trademark before Taylor, with the judges ultimately siding with the pop star.

The Appeal Outcome:

On November 22, 2024, the three appeal judges ruled in Perry’s favor, overturning last year’s court decision. The judges stated that Perry had used her name as a trademark well before Taylor began her business, referencing Perry’s global rise to fame with her 2008 hit single “I Kissed a Girl” and her subsequent success. By the time Taylor filed for the “Katie Perry” trademark in 2008, Perry had already achieved “an international reputation” in music, which the judges deemed crucial in determining her entitlement to use her own name in Australia.

In a further blow to Taylor’s case, the judges also canceled her trademark registration, asserting that Taylor’s decision to apply for the trademark was driven by Perry’s rising fame. The ruling suggested that Taylor had attempted to capitalize on Perry’s established reputation, which could have led to consumer confusion.

Key Details from the Ruling:

Katy Perry Wins Trademark AppealKaty Perry Wins Trademark Appeal

  • Good Faith Use: The judges concluded that Katy Perry used her name as a trademark in good faith during her 2014 Prism tour and had not infringed on Taylor’s trademark.
  • Coexistence Agreement Rejected: The ruling also noted that Perry’s legal team had sent Taylor a “cease and desist” letter in 2009, offering a “coexistence agreement” to peacefully resolve the matter. However, Taylor rejected this offer, leading to the protracted legal battle.
  • The Court’s Perspective: The judges emphasized the unfortunate nature of the case, describing it as a situation where two determined women unknowingly chose the same name for their brands. The court acknowledged the hard work each had put into their respective businesses but concluded that as Perry’s global fame grew, Taylor became aware of her namesake and filed for the trademark to prevent confusion.

The Aftermath:

While the case has now concluded in Perry’s favor, it sheds light on the complexities of trademark law, particularly when it involves names that are already widely recognized in different contexts. Perry’s victory marks an important moment in the intersection of entertainment and business, showing how trademark rights can be influenced by international fame and prior usage.

 

Filed Under: Celebrity Legal Tagged With: celebrity news



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