Fashion designer Katie Taylor, born Katie Perry, is celebrating a legal victory.
The Sydney fashion designer behind the Katie Perry label has won in a trademark dispute with Katy Perry after nearly 17 years.
Keep reading to find out more…
Australia’s high court found that the fashion label did not breach trademark laws and was not likely to cause confusion, regardless of the singer’s reputation when it was registered, per The Guardian.
She applied to register as a business name in April of 2007, then applied to register the “Katie Perry” trademark for the sale of clothes in September 2008. When Katy performed in Australia later that year, her team created an online store selling “Katy Perry” branded merch.
In May 2009, Katy filed a notice of opposition to the registration of the trademark and sent cease and desist letters.
“Hi, I’m Katie Perry and here is an official statement from me. My High Court victory in trademark battle with a global pop star. I’m Katie Perry. I’m a Sydney based fashion designer and I’m founder of the Australian made label Katie Perry. This week, I secured a landmark victory in the High Court of Australia,” the designer shared in a TikTok.
“It’s been a long running trademark dispute with the international pop star Katy Perry. Many people have described this case as a David and Goliath battle. A small Australian business defeating and defending its intellectual property against a global celebrity brand. This has been an incredibly long and really difficult journey. But this week confirms what I’ve always believed in, that trademarks matter for all, and they’re there to protect businesses of all sizes.”
“So how it all began? I launched my fashion label in 2007, designing and manufacturing Australian made loungewear under the name that I was born with, Katie Perry. Like many small business owners, I followed this recommended steps established by the government…I registered a business name and I registered a trademark. In 2009. lawyers representing the American singer Katy Perry contacted me with a cease and desist letter. ‘Stop sale of your clothes, stop your website and stop any advertising material.’ At the time, I thought I was gonna lose everything,” she went on to say.
“I was simply building a fashion business under the name I was born with. The singer’s team initially opposed my trademark registration but withdrew opposition shortly before a scheduled hearing in 2009. This case eventually led to a federal court hearing in 2021 where I endured a brutal cross examination. In April 2023, the Federal Court of Australia ruled in my favor, finding that certain sales of merchandise by one of the singer’s associated companies had infringed my Australian trademark. The court also dismissed a cross claim to cancel my trademark brought by the singer company. Shortly after the ruling, the singer chose to appeal the decision, extending what had already been a very long legal battle. The appeal was successful, meaning that the case continued on to the High Court.”
“Following the appeal, the matter ultimately reached the High Court of Australia, our nation’s highest court. For me, the High Court decision represents a significant achievement after more than a decade of legal proceedings. As a small business owner, a mother of two young kids, this process has been incredibly demanding. There were moments that were emotionally exhausting but I believed in standing up for my values, for my business and for justice. My fashion label is proudly 100% Australian made, and it’s handmade here in Sydney. I focus on sustainable fabrics and small batch production that supports local makers and Australian manufacturing. Creating clothing locally, and supporting Australian industry has always been at the heart of what I do and it’s something I am incredibly proud of. I hope this decision sends an important message for the rights of small businesses everywhere. I have always believed that trademarks are there to protect all businesses, whether they are small, local brands or large global companies. This decision shows that even a small Australian business can stand up for their rights.”
“This case is more than just a name. This case is about protecting small businesses in Australia, standing up for what is right and showing that we all matter,” she concluded. Watch above.
After the ruling, a spokesperson for Katy said via The Guardian: “Katy Perry has never sought to close down Ms. Taylor’s business or stop her selling clothes under the KATIE PERRY label. Today, by a 3:2 decision, the high court determined that Ms. Taylor’s trademark can remain on the register. The court [also] sent the case back to the Full Federal Court to determine issues raised by Katy Perry, including Ms. Taylor’s 10-year delay in bringing her case against Katy Perry.”
