Aussie fashion designer wins bitter David and Goliath legal battle against singer Katy Perry: ‘Story of two teenage dreams, one name’
- Australian designer wins lawsuit against pop star
- US court upholds Katie Perry’s trademark
- The company Katy Perry must pay damages
A Federal Court judge has found that American pop singer Katy Perry’s company has infringed Australian fashion designer Katie Perry’s trademark and is liable for damages.
A tale of “two teenage dreams” has ended in a nightmare for pop superstar Katy Perry, with one of her companies infringing on the trademark of a Sydney fashion designer.
Katie Jane Taylor (née Perry) has been selling and designing her own clothing line under her Katie Perry label since 2007, after being inspired by a trip to Italy.
Singer Katheryn Hudson, better known as Katy Perry, initially fought against the Australian registration of the Katie Perry trademark, but later withdrew this opposition and the trademark was registered.
Ms. Taylor sued Ms. Hudson for infringement in Federal Court in October 2019, more than 10 years after the Ur So Gay singer began selling her own brand of merchandise, including clothing, under her own name.
Australian fashion designer Katie Perry has won a trademark lawsuit against American pop star Katy Perry
“This is a story about two women, two teenage dreams and one name,” Judge Brigitte Markovic wrote in a verdict published Thursday.
The judge ruled that Ms Hudson had infringed on Twitter ahead of her 2014 Prism tour in Australia.
However, the judge ruled that the singer did not owe the designer any compensation because she had used the Katy Perry brand ‘in good faith’.
Only her firm Kitty Purry is now liable for damage due to the sale of clothing during the tour, at pop-up stores and on the Bravado website.
Judge Markovic rejected further claims that the brand had been violated through clothing sold at Target and Myer and websites such as Amazon and eBay during the Prism tour or prior to the Witness Tour, which came to Australia in 2018.
A bid by the pop star and her companies to cancel the Katie Perry sign was also rejected by the Federal Court.
Speaking to AAP, Ms Taylor said she would “drink a champagne” to celebrate the court’s victory.
“I’m over the moon,” she said.
“It was about standing up for small business, for Australian law and also for justice and truth.”
Katy Perry first objected in 2007 to the Australian designer who used the similarity of her name to designer clothes
The lawsuit took a long time for Ms Taylor, compounded by trolling and bullying, including death threats allegedly sent to her and her family online by the singer’s fans.
“It was incredibly stressful in court… and even out of court to deal with harassment tactics,” she said.
Ms Taylor was unable to say how much damages would be awarded at a later hearing, but said she would leave that to the lawyers.
AAP has approached Ms. Hudson for comment.
