Katy Perry’s legal disputes seem far from resolution, as highlighted by her ongoing trademark battle with Australian designer Katie Jane Taylor. Taylor, who has been selling her own clothing line, branded as ‘Katie Perry’, since 2007, initiated legal proceedings against Perry in October 2019. This came more than a decade after the pop star began marketing her merchandise, including clothing.
The High Court of Australia has recently decided to permit Taylor’s lawsuit to proceed, granting her application for special leave. This marks a significant moment in her legal fight, especially after a prior judgement from the Federal Court dismissed her claims stating that Perry, whose real name is Katheryn Hudson, had not infringed upon Taylor’s trademark rights during her 2014 Prism tour in Australia. The Full Court’s decision also suggested that Taylor’s trademark could be deregistered.
Taylor’s barrister, Christian Dimitriadis SC, argued that the Full Court had misinterpreted Australian trademark law. He contended that Perry’s celebrity status at the time the Katie Perry trademark was registered in 2009 did not equate to her being known for selling clothing. The Full Court’s perspective implied that a celebrity’s fame could lead them to venture into various merchandise arenas, potentially confusing consumers and associating their products with those of the designer.
During the hearings, Justice Jayne Jagot raised concerns regarding the implications of the Full Court’s reasoning, questioning whether it was fair to assume that celebrities could leverage their fame to encroach upon the markets of other business owners. She noted that this logic might extend to a range of products, posing risks to small Australian businesses.
Dimitriadis pointed out that Taylor’s choice of brand name was unfortunate, given that Perry’s rise to fame coincided with her trademark application. However, he challenged the findings that Taylor applied for her trademark with knowledge of Perry’s significant reputation.
Perry’s barrister, Matthew Darke SC, argued against the High Court’s engagement with the matter, maintaining that it did not raise an essential legal question. Following the hearing, Taylor chose to remain silent regarding the ongoing case. The High Court is set to deliberate on the appeal in the future, leaving the outcome of this high-profile trademark conflict in suspense.