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Dark Horse victorious over the California Gurl

American singer-songwriter Katheryn Elizabeth Hudson, known professionally as Katy Perry has lost a trade mark battle in Australia. Designer Katie Perry began selling clothes under the brand name “Katie Perry” back in 2007 and registered the same as a trade mark in 2008. Katie Perry sued the singer’s company Kitty Purry in 2019 over alleged trade mark infringement. Katie Perry alleged Katy Perry sold merchandise to Australian based fans during her 2014 and 2018 tours in Australia with no consideration for the registered trade mark and that Katy Perry’s acts amounted to infringement. Reports suggest the parties have been embroiled in a dispute over the intellectual property rights since 2009 and only after formal proceedings were issued back in 2019, has a decision finally been reached. It has been ruled Kitty Purry partially infringed Katie Perry’s trade mark and a sum of damages is payable from Kitty Purry to Katie Perry. The extent of the same is to be decided. Katy Perry’s application to have Katie Perry’s trade mark revoked has been rejected. Katie Perry has likened the victory to a “David and Goliath” type scenario and claims the result is a victory for all small businesses in Australia. 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. in: Case Law, Companies, Consumer Law, EU/International, Legal News, News, Trade Marks

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