American pop star Katy Perry has won a bitter legal feud with Australian fashion designer Katie Jane Taylor over her trademark ‘Katie Perry’ for selling clothes.
Taylor sued the singer for trademark infringement in federal court in April 2023.
The mother-of-two has operated a clothing label under her birth name Katie Perry for 18 years and has owned the trademark in Australia for more than a decade.
The Sydney designer sued the singer, whose real name is Katheryn Elizabeth Hudson, claiming she had infringed her trademark by using one that was “substantially identical or deceptively similar.”
Taylor claimed Perry had been using the trademark in Australia since at least 2013, selling products not only at her concerts but also in stores such as Myer and Target.
She partially won her claims in federal court in 2023, but Perry appealed.
On Friday, the appeals court ruled in favor of Perry, saying Taylor’s trademark was not “validly registered” in 2008.
The registration was not valid because the trademark was likely to mislead or cause confusion at a time when Perry was already a “nationally and internationally known pop star” who had released “several singles and an album that had achieved significant exposure in the Australian media.” said the decision.
Perry had proposed a “coexistence deal” with Taylor, which she turned down
Katie Jane Taylor sued Perry for trademark infringement in federal court in April 2023
The court found that the trademark was deceptively similar to Katy Perry’s name, despite the different spelling of Katie.
While die-hard fans might recognize the spelling difference, the average consumer would likely be confused.
Taylor’s lawyers had told the court that she did not know about Katy Perry until July 2008 and that she had registered her Katie Perry domain name in Australia in May 2007.
The court also noted that the pop star had proposed a “coexistence agreement” with Taylor in July 2009, which she rejected and which would have been an “excellent outcome for both parties.”
‘In that sense, Ms Taylor has herself to blame for this result. Unfortunately, it is no longer possible to return to the time of peaceful coexistence.”
Taylor will have to apply for special leave if she wants to appeal to the High Court, and she now faces a tough costs order.
She told me Sydney Morning Herald she was ‘devastated’ by the outcome.
“I won my case at first instance and to have it overturned on appeal is heartbreaking,” she said.
Taylor claimed Perry had been using the trademark in Australia since at least 2013
Even Bachelor star Thomas Malucelli supported Taylor
‘This case proves that a trademark is not worth the paper it is printed on. My fashion label has been a dream of mine since I was 11 years old, and now that dream I’ve worked so hard for since 2006 has been taken away.
“I will take time to process today’s decision and work with my legal team and circle of supporters to work out my next steps.”
Despite the backlash Taylor received from Perry’s fans, a network of Australian support had kept her spirits up throughout the legal battle.
Even The Bachelor star Thomas Malucelli threw his support in the ring, modeling the small business owner’s range of clothing.
“You rock, my friend,” Malucelli captioned a post celebrating her first court victory against Perry.
Daily Mail Australia has contacted Taylor for comment.