The Guardian
Australia’s high court finds singer’s label and merchandise distributor had been ‘assiduous infringers’ of trademark
The Sydney fashion designer behind the Katie Perry label has won her epic trademark dispute with US pop star Katy Perry, after a legal battle lasting almost 17 years.
In a majority decision on Wednesday, Australia’s high court found the designer’s label did not breach trademark laws and was not likely to cause confusion, regardless of the singer’s reputation when it was registered.
The fashion designer Katie Taylor, who was born Katie Perry, applied to register that as a business name in April 2007. She had not heard of the singer at the time, the court said.
The designer subsequently applied to register the “Katie Perry” trademark for the sale of clothes in September 2008 – a few months after the release of Perry’s hit debut single, I Kissed a Girl.
When the singer – whose real name is Katheryn Hudson – performed in Australia for the first time, her team created an online store selling “Katy Perry” branded merchandise worldwide in October 2008.
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