Eminem doesn’t take Ls often, but he’s just lost a trademark legal fight against Sydney-based beach brand Swim Shady.
Australia’s Registrar of Trade Marks has ruled in favor of the beach brand, a swim accessories startup founded by Jeremy Scott and Elizabeth Afrakoff, stripping Eminem’s “Shady” and “Shady Limited” trademarks of their clothing and merchandise protections in Australia, according to NME.
Adjudicator Benjamin Goldsworthy found that Eminem had not used those marks in Australia across categories, including clothing, footwear, bags, and leather goods during the relevant period. The ruling takes effect August 1, but Eminem retains “Shady” rights in other categories including music and electronics, although the 15-time Grammy winner has until July 22 to appeal.
The delegate found that a magnitude of “Shady” branding was related to Eminem’s stage moniker instead of being a product trademark, per Rolling Stone AU/NZ. Goldsworthy also determined that the name “Shady” in the Australian market for goods appeared almost solely in connection to phrases tied to Eminem’s alter ego, which he created in the late 1990s.
Eminem had argued the Swim Shady name was “highly confusingly similar and/or legally identical in sight and sound” to his moniker and that consumers could draw a connection.
“Elizabeth and I are delighted with the decision,” Scott said in a statement. “We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome.”
“While this is an important milestone for Swim Shady, it is one step in the broader trade mark proceedings, and we recognise there are still matters to be resolved,” the statement continued.
The Australian ruling is one front in a wider dispute. Eminem is also challenging Swim Shady trademark applications in the United States, the United Kingdom, and Japan. Earlier this year, Eminem challenged the attempt of a woman, Sydney Anderson, trying to trademark “The Real Squid Shady” for music-related services. The trademark filing was eventually dropped.
https://www.complex.com/music/a/jaelaniturnerwilliams/eminem-swim-shady-trademark-australia-ruling
