American pop star Katy Perry has won a bitter legal dispute with Australian fashion designer Katie Jane Taylor over her brand ‘Katie Perry’ to sell clothes.
Taylor sued the singer in April 2023 for trademark infringement in Federal Court.
The mother-of-two has operated a clothing brand under her birth name Katie Perry for eighteen years and maintained the brand in Australia for over a decade.
The Sydney designer sued the singer, whose real name is Katheryn Elizabeth Hudson, alleging she infringed his trademark by using one that was “substantially identical or deceptively similar.”
Taylor claimed Perry had been using the brand in Australia since at least 2013, selling products not only at her concerts but also in stores such as Myer and Target.
He partially won his claims in the Federal Court in 2023, but Perry filed an appeal.
On Friday, the appeals court reportedly ruled in favor of Perry because Taylor’s trademark was not “validly registered” in 2008.
The registration was invalid because the mark was likely to deceive or cause confusion at a time when Perry was already a “nationally and internationally famous pop star” who had “released several singles and an album that had achieved significant exposure.” in the Australian media. the decision said.
Perry had proposed a ‘cohabitation agreement’ with Taylor that she rejected
Katie Jane Taylor sued Perry in April 2023 for trademark infringement in Federal Court
The court said the trademark was deceptively similar to Katy Perry’s name despite the different spelling of Katie.
While “die-hard” fans might recognize the spelling difference, the average consumer would probably be confused.
Taylor’s lawyers had told the court that she was not aware of Katy Perry until July 2008 and that she had registered her domain name Katie Perry in Australia in May 2007.
The court also mentioned that in July 2009, the pop star had proposed a “cohabitation agreement” with Taylor that she rejected, and that it would have been an “excellent outcome for both parties.”
‘In that sense, Ms. Taylor has sought this result. Unfortunately it is no longer possible to return to the era of peaceful coexistence.’
Taylor will have to apply for special leave if he wants to appeal to the High Court, and now faces a high costs order.
she told him Sydney Morning Herald She was “devastated” by the outcome.
“I won my case in the first instance and to have it overturned on appeal is heartbreaking,” he said.
Taylor claimed that Perry had been using the trademark in Australia since at least 2013.
Even The Bachelor star Thomas Malucelli supported Taylor
‘This case shows that a brand is not worth the paper it is printed on. My fashion brand 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 from me.
“I will take some time to digest today’s decision and determine my next steps with my legal team and circle of supporters.”
Despite the backlash Taylor received from Perry’s fans, an Australian support network kept her spirits high during the legal battle.
Even The Bachelor star Thomas Malucelli threw his support into the ring, modeling the small business owner’s clothing range.
“You’re great, my friend,” Malucelli wrote beneath a post celebrating her initial court victory against Perry.
Daily Mail Australia has contacted Taylor for comment.