AdminKaty Perry has won her trademark battle against Australian fashion designer Katie Jane Taylor, who has sold clothes under her birth name Katie Perry since 2007.
In 2019, Taylor sued the 40-year-old “Dark Horse” singer, whose real name is Katheryn Hudson, for selling merchandise under the name “Katy Perry” in Australia.
However, on Friday (November 22), three appeal judges decided to overturn the 2023 ruling that favored the Sydney-based designer, meaning the Grammy winner can now sell merchandise bearing her stage name in the country.
The jury found in Perry’s favor because she trademarked her stage name five years before Taylor started her business and used that trademark “in good faith” during her 2014 Prism Tour that took her to Australia.
The jury found that Perry had the right to use the name in Australia because she already has an “international reputation to her name in the field of music and entertainment, if not more widely.”
“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 when each was unaware of the other’s existence,” the judges’ ruling read.
The judges also ordered that Taylor’s trademark be revoked. They found that Taylor only filed for her trademark after becoming aware of Perry’s reputation and that some of Taylor’s branding decisions could have increased the likelihood of “potentially misleading or confusing consumers.”
“While some die-hard fans of (the ‘I Kissed A Girl’ singer and co-writer) may recognize the incorrect spelling, the casual consumer with an imperfect memory… would likely be confused as to the source of the item and I wonder if it was related to (the artist),” the statement continued.
In 2009, Perry contacted Taylor with a cease and desist order before she suggested coming up with a “coexistence agreement.” However, the designer rejected Perry’s offer.
The ruling addressed this decision and said: “[Having] rejected the offer, Ms Taylor subsequently chose to initiate infringement proceedings… In that sense, Ms Taylor has herself to blame for this outcome. Unfortunately, it is no longer possible to return to the time of peaceful coexistence.”
After the Nov. 22 ruling, Taylor said in a statement published by The Guardian: “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 that I have worked so hard for since 2006 has been taken away,” Taylor continued, adding that she plans to consult with her legal team about next steps.
She also spoke The New York Postcomplaining: “I have lost everything, including my trademark. As you can imagine, I am devastated,” she said.
“What should I do now? I’m going to dust myself off and figure out what the next steps are. Maybe move to a place in the world where the name Katie Perry has no meaning.”
Perry’s representatives did not immediately respond The independent‘s request for comment.
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