The designer accused the pop star of infringement after the latter began selling branded clothing
Updated with statement from Katy Perry's side
Global pop star Katy Perry has lost to Australian fashion designer Katie Perry in a long-running trademark fight over name use that went to the High Court, reported ABC News.
Earlier today, the High Court released its majority decision that the Katie Perry trademark complied with trademark laws and was unlikely to be confused with or damage Katy Perry’s reputation.
The spat over name use began back in 2009 during preparations for Katy Perry’s Hello Katy Australian tour. Per a statement provided to Australasian Lawyer from the pop star's side, Katy Perry pitched a coexistence agreement to the designer, who reportedly declined. The pop star, who had sought to oppose the Katie Perry trademark, reportedly withdrew her opposition and did not contact the designer again.
According to Katy Perry's side, she had toured and sold name-branded merchandise in Australia in 2009, 2011, 2014 and 2018 without pushback from Katie Perry. In 2019, the designer accused the pop star of infringing on her trademark due to the sales of Katy Perry-branded clothes, shoes and headwear.
The 2019 case over who had the right to use the Katie/Katy Perry name to sell clothes was filed in Federal Court. Katie Perry was initially victorious but lost her appeal after judges ruled that Katy Perry had built her reputation in Australia before Katie Perry launched her fashion label. The judges determined then that Katie Perry’s brand could be cancelled on these grounds.
Katy Perry’s lawyers said in High Court that the pop star’s name could not be separated from its reputation in a marketing context. The designer told the court that she had not heard of the pop star when she filed her trademark in 2008, although she had heard of her by the time the trademark was registered in 2009. Katie Perry’s lawyers also argued that she had used the name for a decade without any issue.
The High Court sided with the designer and awarded her costs.
Katy Perry, whose birth name is Kathryn Elizabeth Hudson, began using the “Katy Perry” stage name in 2001. Katie Perry has the name by birth although she had adopted other monikers in the past, including Katie Taylor.
"Katy Perry has never sought to close down Ms. Taylor’s business or stop her selling clothes under the Katie label", a representative for Katy Perry said in a statement provided to Australasian Lawyer. "Today, by a 3:2 decision, the High Court determined that Ms. Taylor’s trademark can remain on the register. The court sent the case back to the Full Federal Court to determine issues raised by Katy Perry, including Ms. Taylor’s 10-year delay in bringing her case against Katy Perry".
