Katy Perry Loses Out in Legal Battle Against Katie Perry

WHAT’S IN A NAME?

The pop star has lost a legal showdown with another woman who shares her name.

Katy Perry
Neil Mockford/GC Images

Turns out there is room for more than one Katy, or Katie, Perry.

Pop star Katy Perry has lost a legal showdown with another woman who almost shares her name, ending a long-running battle over who gets to use it for business.

Australia’s highest court ruled on Wednesday that Sydney-based fashion designer Katie Perry, 45, who is now known by her married name Katie Taylor, can sell clothes under her own name.

Katy Perry.
Katy Perry, the pop star, not the designer. Monica Schipper/Getty Images

The pop star known as Katy Perry, 41, was born Katheryn Elizabeth Hudson and began using her stage name around 2001. The fashion designer, however, was actually born with the name Katie Perry.

The two Katies have been locked in a trademark fight for a decade and a half. The dispute dates back to 2009, when the pop star was preparing to bring her Hello Katy tour to Australia.

During that year, Taylor—who had launched her “Katie Perry” clothing label two years earlier—received a cease-and-desist letter from lawyers representing the pop star.

Taylor told CNN the letter arrived after she had just opened her first showroom, and demanded she stop selling her clothing, shut down her website, and halt advertising tied to the name.

“I remember, bursting into tears and thinking, what is this all about? I haven’t done anything wrong,” Taylor said.

After the 2009 cease-and-desist letter, both sides tried to settle the dispute but failed to reach an agreement. A representative for Katy Perry told the Daily Beast that the singer proposed a coexistence agreement, but Taylor did not agree.

Taylor ultimately secured the trademark for clothing, while the singer revised her own trademark filing so it covered only music and entertainment.

But the case didn’t fully ignite until 2019, when the designer filed suit in Federal Court, arguing that the singer’s branded merchandise—including clothing, footwear, and hats—violated her existing trademark rights.

Katy Perry and Justin Trudeau
Katie Perry was recently reported to have got "much more serious" with her boyfriend Justin Trudeau, the former Canadian PM. Instagram/Katy Perry

She initially prevailed in the case, but the decision was later overturned on appeal, with a judge ruling that Katy Perry’s fame in Australia was already greater than the designer’s when the trademark was filed and noting that it is common for pop stars to sell branded merchandise.

In a sharp blow to the designer’s case, the judges said the “Katie Perry” trademark should be canceled. Under trademark law, a registration can be challenged if a similar name already has an established reputation and the two brands could mislead consumers.

Katy Perry
Katy Perry has lost a trademark battle Down Under. Gilbert Flores/Billboard via Getty Images

Perry’s lawyers argued to the High Court that the singer’s stage name—and its commercial reputation—could not be separated from the marketing of merchandise.

But on Wednesday, Australia’s High Court reversed that decision, ruling that canceling the designer’s trademark was not justified and that the use of the “Katie Perry” name was unlikely to confuse or deceive consumers.

“Honestly, it kind of feels like a dream,” Taylor told CNN.

She added: “So many people said to me, like, why don’t you just give up? It’s not worth it. I really believe in standing up for your values. Truth and justice are part of my core and my values.”

A representative for Katy Perry told the Daily Beast: “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 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.”

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