Katy Perry’s trade mark dispute with an Australian fashion designer with the same name

Recently there were fireworks after the singer Katy Perry lost her trade mark dispute with the designer called Katie Perry.

In 2019 the Sydney based designer, Katie Perry (also known as Katie Taylor) filed court proceedings alleging the American pop star infringed Taylor’s Australian trade mark for KATIE PERRY. This all stems from Katie Peery selling branded merchandise whilst on tour in Australia.

In 2008 Katy Perry’s lawyers had initially tried to oppose the KATIE PERRY mark from being registered, but Taylor overcome those arguments and Perry’s lawyer’s backed off, and the KATIE PERRY mark was subsequently registered for clothing in September 2008.

Recently it was held the singer’s company, Kitty Purry, partially infringed Taylor’s trade mark which Taylor used on selling clothing on line. Katie Perry’s counter claim for Taylor’s trade mark to be cancelled was dismissed.

A hearing to assess the damages Kitty Purry owes to Taylor will take place later this year.

The above demonstrates how small businesses can come under attack from larger entities on a day-to-day basis.

At Briffa we regularly help our clients who are on the receiving end of trade mark disputes in various ways, including:-

1. Completing clearance checks for their proposed brand name prior to filing the trade mark applications. This has benefit of flagging any existing trade marks or unregistered marks which run a risk of successfully opposing your application (and pursuing you for trade mark infringement down the track). Where appropriate, we may therefore recommend you go back to the drawing board to create a new name for your brand.
2. Responding to oppositions to their trade mark applications in a timely and commercial manner.
3. Where appropriate, exploring potential alternative dispute resolution (ADR) in order to facilitate a commercial settlement before costly court proceedings are significantly underway.

If you need assistance protecting you brand please feel free to get in touch with us.

Written by Dan Crate – Solicitor