Katy Perry, the world-famous pop singer, has lost a trademark dispute in Australia with a local fashion designer who shares the same name. In 2019, the Australian clothing designer, Katie Perry, sued the “Firework” star after she ignored her trademark rights and sold merchandise with her name on it during her Australian tour, violating the Australian’s trademark rights. The dispute has now come to an end, with the decision favoring the Australian fashion designer.
The case revolves around the use of the name Katy Perry as a trademark. While both women share the same name, the Australian fashion designer has registered her name as a trademark in several countries, including Australia, the United States, and Europe, for use in the fashion industry. The trademark registration gives the Australian designer the exclusive right to use her name in connection with her clothing and accessory lines.
Katy Perry, on the other hand, argued that her use of the name was not related to the fashion industry but rather as a stage name. However, the court found that Perry’s use of her name in connection with merchandise sales violated the trademark rights of the Australian designer.
This case highlights the importance of trademark protection, especially for individuals and companies in the creative industries. Trademark registration provides legal protection against unauthorized use of a name or logo by others, allowing the trademark holder to prevent others from using their name or logo in connection with similar goods or services.
Furthermore, this case emphasizes the importance of conducting a thorough trademark search before using a name or logo. Katy Perry’s legal team should have done a comprehensive search to determine whether there were any existing trademark registrations that could conflict with their use of the name in merchandise sales.
A trademark search would have revealed the existence of the Australian designer’s trademark registration, which would have alerted Katy Perry’s team to the potential infringement.
The legal battle between the two women highlights the difficulties of establishing a global brand. Even with a substantial amount of money and worldwide fame, it is still challenging to secure trademark rights globally. It is essential to work with a trademark attorney when planning for global expansion, as there may be existing trademark registrations that could conflict with your brand.
The outcome of this case also raises the issue of the challenges of selling a company with a trademarked name. If your name is also your trademark, it can be challenging to sell your business without giving up your trademark rights. This is because the trademark is often closely associated with the business and its reputation.
The Katy Perry trademark dispute serves as a reminder of the importance of trademark registration and conducting a thorough trademark search before using a name or logo. It also highlights the challenges of establishing a global brand and the importance of working with a trademark attorney when planning for global expansion. The legal battle between the two women emphasizes even with fame and money, securing trademark rights globally is challenging, and it is essential to plan accordingly.
Written by Nancy Steidl, International Business consultant and IP Specialist, the business mission