Australia's High Court ruled that Sydney fashion designer Katie Perry, now known by her married name Katie Taylor, can legally sell clothing under the name "Katie Perry," ending a long-running trademark dispute with American pop star Katy Perry.
The decision resolved a legal battle that has stretched for nearly two decades over who has the right to use the name "Katie" or "Katy" Perry in connection with clothing in Australia.
In its ruling Wednesday, the court found that Taylor's trademark should remain valid and that her use of her own name for her fashion label does not breach trademark law, CNN reported.
The judgment overturned a previous appeals court ruling that had favored the singer and suggested Taylor's trademark should be canceled. The High Court found that cancellation was not warranted and that use of the "Katie Perry" name for clothing was not likely to mislead consumers or create confusion.
Taylor originally launched her clothing label, "Katie Perry," in 2007. The brand sells colorful and comfortable basics. Two years later, after opening her first showroom, she received a cease-and-desist letter from lawyers representing the pop star.
"Just picture it. I had just launched my first showroom," she told CNN.
She recalled returning to the showroom and discovering the legal notice.
"I arrived back in the showroom, there were empty champagne glasses everywhere, and opened my post, and all I remember is looking at this paper that said, cease and desist," she said. "Stop sale of your clothes, stop any website, and stop any advertising material."
At the time, the singer Katy Perry, born Katheryn Elizabeth Hudson, was gaining international fame following the release of her hit singles "I Kissed a Girl" and "Hot N Cold," which topped charts in Australia and around the world in 2008.
Before Katy Perry's first Australian tour in 2009, her lawyers demanded that Taylor withdraw her trademark application, which had been filed months earlier.
Taylor said she first became aware of the singer when "I Kissed a Girl" played on the radio in July 2008.
Efforts to settle the dispute failed. Taylor ultimately secured a trademark covering clothing, while the singer amended her own trademark application to focus on music and entertainment.
Years later, the issue resurfaced as the singer sold branded tour merchandise, including clothing, during concerts in Australia. In 2019, Taylor sued, arguing that the merchandise infringed on her trademark.
She initially won in Federal Court, but that ruling was later overturned on appeal. The appeals court found the singer's reputation in Australia was stronger when Taylor registered the trademark and noted that selling merchandise is common for pop artists.
The High Court's ruling reverses that outcome and restores Taylor's trademark rights.
After the ruling, a spokesperson for the singer said: "Katy Perry has never sought to close down Ms. Taylor's business or stop her selling clothes under the KATIE PERRY label," according to The Guardian.
"Today, by a 3:2 decision, the high court determined that Ms. Taylor's trademark can remain on the register. The court [also] 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," the spokesperson said.
After reading the decision, Taylor said the outcome was difficult to believe.
"Honestly, it kind of feels like a dream," Taylor told CNN after reading the ruling. "I keep thinking, like, oh my god, has this actually happened?"
She said the case was about protecting small businesses and their rights under trademark law.
"So many people said to me, like, why don't you just give up? It's not worth it. I really believe in standing up for your values. Truth and justice are part of my core and my values," she said.
Zoe Papadakis ✉
Zoe Papadakis is a Newsmax writer based in South Africa with two decades of experience specializing in media and entertainment. She has been in the news industry as a reporter, writer and editor for newspapers, magazine and websites.
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