This year, we’ve seen a series of significant trademark disputes between artists like Katy Perry, Taylor Swift, and Eminem that have made media headlines around the world. In this article, globally recognised leading trademark lawyer Aparna Watal unpacks the lessons musicians can learn from Eminem’s “Swim Shady vs Slim Shady” case and offers tips on how to prevent these legal battles from happening in the first place.
A Sydney couple selling beach umbrellas under the “Swim Shady” brand are currently going head-to-head in an international legal battle with US rapper Eminem, who claims the brand name closely resembles the term “Slim Shady”.
Last year, the brand filed a trademark in the US for the term “Swim Shady”, which was granted. Shortly afterwards, Eminem’s team filed a petition to cancel the trademark. Eminem objected to the “Swim Shady” trademark on several grounds, including one relating to consumer law: that the umbrella brand could mislead or deceive customers into thinking they’re buying a product associated with the rapper. He also accused the Sydney-based brand of creating a “false association” with the rapper. Eminem continues to sell official Slim Shady merchandise – one of several income streams that have built his net worth to a reported US$250 million.
Eminem trademarked the name Slim Shady in the US in 1999 with the release of his album at that time. However, he only filed a trademark for the Slim Shady name in Australia in January 2025.
Swim Shady contends the two parties are in significantly different industries and that a beach and lifestyle wear retail brand in Australia is unlikely to be confused with the alter ego of a US rapper. Swim Shady has also filed non-use applications against Eminem’s Shady and Shady Limited trademarks in Australia, arguing they have not been consistently used.
The April 2026 hearing before the Australian Registrar of Trade Marks has now concluded, but a formal decision is still expected within the next 3–13 weeks. So, while this is a development, it’s not quite a final ruling yet. That said, there’s plenty to unpack already.
