High Court to resolve on trademark dispute between singer Katy Perry and Sydney designer Katie Perry

The judges sitting on the bench of the High Court will this morning need to weigh up a trademark dispute between worldwide singer Katy Perry and Australian clothes designer Katie Perry.

The case has simmered for years, first rising across the time of Katy Perry’s 2009 tour of Australia, after which resurfacing in earnest in 2019.

At its coronary heart, the case is about who has the proper to promote branded clothes bearing both title, and whether or not the usage of the title is complicated or misleading.

The singer Katy Perry has carried out beneath that title since 2002, regardless that she was born Katheryn Elizabeth Hudson.

The designer Katie Perry was born with the title, however has since passed by different names, together with Katie Taylor.

In the High Court submissions, Katie Perry’s legal professionals mentioned she hadn’t recognized of the singer when she first adopted the title for her label, and solely turned conscious of her when she heard the track I Kissed a Girl.

However, she did learn about her by the point she registered a trademark for Katie Perry in 2008.

Battle started in 2009

The singer Katy Perry first turned conscious of the designer within the lead as much as the 2009 Hello Katy tour, when she tried to cease the designer from utilizing the title or conform to co-exist, though no settlement was reached.

Katy Perry additionally utilized for emblems for numerous merchandise, however withdrew the one for clothes due to the designer’s trademark.

Despite this, Katy Perry branded clothes was bought in Australia throughout and after the 2009 tour.

Fast-forward to 2019 and Katie Perry took the case to the Federal Court, saying there had been a trademark infringement when Katy Perry branded garments, sneakers and headwear have been bought in Australia.

Katie Perry received spherical one, however misplaced on attraction when the complete bench of the Federal Court accepted Katy Perry’s argument that the entertainer had a longtime fame in Australia earlier than the Katie Perry model was registered.

The full bench additionally discovered the Katie Perry designer label was liable to be cancelled.

A matter of fame

The High Court now has to resolve the place the road is drawn on duelling, comparable emblems.

Under the legislation, registration of a trademark could be opposed if one other comparable trademark has acquired a fame, or if the usage of the brand new trademark may trigger confusion and deception.

Katy Perry’s legal professionals have advised the High Court of their submissions she has a robust declare on the trademark.

“In the present case where ‘Katy Perry’ was Ms Hudson’s stage name, the reputation of the entertainer logically could not be divorced from the reputation of the Katy Perry mark to the extent that it was deployed in connection with the marketing and sale of Ms Hudson’s singles and album, which had achieved significant success by the priority date of the designer’s mark,” they mentioned.

But Katie Perry’s legal professionals mentioned the trademark was appropriately registered and used.

“Ms Taylor adopted her trademark innocently; used it first in relation to clothes; applied to register it before she knew of Ms Hudson and before Ms Hudson had used her mark (or had any reputation) in relation to clothes in Australia; and used it for more than 10 years in a manner which, on the evidence, did not give rise to any actual confusion,” Perry’s legal professionals mentioned.

There’s a lot at stake for the designer, with the label prone to be cancelled if she loses her High Court bid.