Katy Perry faces a lawsuit from Australian designer Katie Perry for alleged trademark infringement

Katy Perry is being sued by Australian designer Katie Perry for alleged trademark infringement for selling clothing in Australia bearing her stage name.
Katy Perry faces a lawsuit from Australian designer Katie Perry for alleged trademark infringement
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Katy Perry is being sued by designer Katie Perry. The 36-year-old Smile singer is being sued by an Australian fashion designer for alleged trademark infringement for selling clothing in Australia bearing her stage name, according to the Sydney Morning Herald. Katie Jane Taylor is an Australian designer who sells clothing under her maiden name Katie Perry. She launched Federal Court proceedings against Katy in October of 2019, claiming the singer and a related company, Killer Queen LLC, is infringing her trademark, which she registered in Australia in 2008.

 

In a judgment on preliminary issues in April, Federal Court Justice Brigitte Markovic said the singer adopted the stage name Katy Perry in 2004 using “the short form of her own first name and her mother’s maiden name.” The Australian designer’s barrister, Richard Cobden, SC, told the court at a pre-trial hearing on Thursday (November 12) that artists’ merchandise typically covered “a broad range of goods” such as “coasters and Barbie dolls”, which were outside the scope of this case.

 

However, he identified a range of goods likely to be at least partially within the scope of this case, including a Katy Perry “Special Edition X-Large Pizza Box Kit” including pizza-themed pyjamas, pizza slice necklaces and a pencil case, as well as potentially cat ears. “We allege infringement across a wide range of goods,” he said, adding that Katy “will not be giving evidence herself” and “we won’t have a live witness to cross-examine.”

 

Lawyers for Katy admit the Katy Perry brand is “deceptively similar” to the Australian designer’s trademark, but deny infringement, saying the performer used her name in good faith, a defence under the Trade Marks Act, and the defence covering the company Killer Queen. They filed a cross-claim asserting the Katie Perry trademark is liable to be cancelled because Katy Perry had already acquired a reputation in Australia before the registration of Katie Perry‘s trademark. They allege that the designer’s use of her trademark is “contrary to law” and amounts to misleading or deceptive conduct and unlawful passing off because consumers might believe Katy is associated with the Australian designer’s clothing. The parties are now set to return to court at a later date.

 

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