The long-running trade mark battle between Australian designer Katie Perry (real name Katie Taylor) and US singer Katy Perry (real name Katheryn Elizabeth Hudson) is set to continue following a special leave application hearing in a Sydney Federal Court on Friday. The Court granted Ms Taylor a hearing in the High Court which is due to take place later this year.
It seemed the matter had been drawn to its conclusion when the Court, on appeal from Hudson’s representatives, determined that the singer had an established reputation in Australia for the ‘Katy Perry’ mark that preceded Taylor’s use of her ‘Katie Perry’ mark (registered in 2008 for clothing and similar goods). Therefore, the latter would be likely to cause confusion in the minds of customers. Consequently, the Court ruled that the ‘Katie Perry’ mark was invalid on the basis of Hudson’s alleged prior rights.
That ruling has now been cast into doubt following the decision to grant Taylor a further hearing. Whether the Australian High Court will overturn the earlier decision remains to be seen.
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.
