Katy Perry has successfully appealed against a ruling about her name being used as a trademark.
An Australian fashion designer, Katie Taylor, who sells garments under her real name, Katie Perry, filed a lawsuit against the singer in October 2019, alleging that she violated her trademark.
Taylor triumphed in a court fight in April 2023, arguing that the pop star's apparel from the 2014 Australian tour violated a trademark the designer had owned since 2008.
According to PEOPLE Magazine, on Friday, November 22, three appeals judges unanimously overturned a court decision that had benefited Taylor from the previous year. The verdict said that the singer had used her name as a trademark five years before 2008 when Taylor began her firm.
According to her website, Taylor has been utilizing the "Katie Perry" brand name, which she registered as a trademark in Australia on September 29, 2008. Particularly noteworthy is the fact that Perry's first breakthrough single, "I Kissed a Girl," was released in April 2008 and included on her second studio album, "One of the Boys."
At that moment, the judges concluded that the singer known for her hit "Dark Horse" had already established a world-renowned reputation in music and entertainment, if not in a broader sense. Consequently, Perry had the legal right to refer to herself by her name in Australia.
Moreover, in 2009, Perry's legal representatives sent Taylor a "cease and desist" before urging them to reach a "coexistence agreement”.
However, Taylor did not accept the arrangement. As a consequence of that judgment from 2009, the judges concluded that "[Taylor] has brought this result on herself," as reported by USA Today. “Unfortunately, it is no longer possible to return to the time of peaceful co-existence."
On November 22, the judges concluded that Perry had used her name as a trademark in good faith during the 2014 “Prism” tour. This was despite Judge Markovic's declaration in 2023 that Perry had violated the trademark by selling products under the name in 2014.
In addition to Perry's successful appeal, the courts also revoked Taylor's trademark registration on November 22. It was discovered that Taylor did not apply for her trademark until she became aware of Perry's notoriety. Additionally, it was found that some actions made by Taylor about her brand might have raised the likelihood of "consumers potentially being deceived or confused."
"This case is an unfortunate one in the sense that two enterprising women in different countries each adopted their name as a trademark at a time that each was unaware of the existence of the other," the ruling read, per USA Today. “Both women put blood, sweat and tears into developing their businesses,” according to BBC.
“As the fame of one grew internationally, the other became aware of her namesake and filed a trademark application,” the ruling read, per BBC.
The prominent case has garnered online attention, eliciting varied perspectives from social media users. "Katy Perry had the global name first. Makes sense the court sided with her!" an X user wrote. "This feels like a loss for small businesses. Big stars always seem to win," another tweep shared.
"Taylor’s trademark invalidation seems harsh, but facts are facts. Perry was famous first," another X user added. "Interesting precedent set here. Global fame trumps local trademarks, apparently," a fourth source said.
"Can we all just agree Katy’s 2014 Prism tour was iconic?" another fan responded. "Taylor’s case was always going to be an uphill battle. She should’ve accepted the coexistence deal," a sixth netizen said.
Business Times has reached out to Katy Perry for comments.
