Following an action for trade mark infringement brought by Australian fashion designer Katie Jane Taylor against singer Katy Perry in 2019, three Australian judges unanimously held that Perry had not infringed any trade marks.
The action was brought by Taylor on the basis that Perry had sold merchandise on her 2014 Australian tour which she believed infringed her trade mark. Taylor sells clothes under her birth name Katie Perry and had trade marked the name in Australia. Perry also registered her name as a trade mark in 2009.
In 2023, the Australian Federal Court had held that Perry had infringed Taylor’s trade mark. However, Perry appealed the decision. The appeal judges concluded that Perry’s use of her own name on merchandise did not infringe Taylor’s trade mark on the basis that Perry’s mark was registered in 2009, which was 5 years before Taylor had actually launched her fashion brand, and that Taylor was aware of Perry’s international fame before registering her trade mark. The judges also referred to the fact that Perry had offered to reach a coexistence agreement before the action was filed but Taylor had rejected this offer, which reflected badly on her efforts to resolve the matter.
As a result, Taylor’s mark is to be revoked and she must pay Perry’s legal costs.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
