American pop sensation Katy Perry has emerged victorious in her protracted legal dispute with Australian fashion designer Katie Jane Taylor, who trades under the brand name ‘Katie Perry’. The Full Court of the Federal Court in Sydney ruled that the Australian designer’s claim could not be upheld as her trademark “was not validly registered,” necessitating the “rectification of the register by cancelling its registration.” The judges characterized the case as “unfortunate,” acknowledging that “both women invested blood, sweat, and tears into building their businesses.” They noted that as one’s fame expanded globally, the other became cognizant of her namesake and proceeded to file a trademark application.
The court found that Taylor had applied for the Katie Perry trademark while already aware of the singer’s renown. The judges emphasized that the “difference in spelling between ‘Katy’ and ‘Katie’ does not mitigate the aurally identical word marks from being deceptively similar.” Sydney-based designer Taylor had sued Katy Perry, born Katherine Elizabeth Hudson, in 2019 for trademark infringement concerning her “Katy Perry” merchandise, nearly securing a win. However, Perry appealed the decision.
Taylor expressed her devastation to the Sydney Morning Herald, stating, “I am heartbroken by the outcome of the case. I won my case initially, and to have it overturned on appeal is devastating.” She further lamented, “This case demonstrates that a trademark is not worth the paper it’s printed on. My fashion label has been my dream since I was 11, and the dream I’ve worked tirelessly for since 2006 has now been shattered.”
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