Katy Perry wins trademark battle against Aussie fashion designer

American pop star Katy Perry has won the longstanding legal battle with Australian fashion designer Katie Jane Taylor (née Perry), who sells clothing under the brand name ‘Katie Perry’. 

Sydney’s Full Court of the Federal Court said the Aussie designer’s claim could not succeed because her trademark “was not validly registered,” and the register “should be rectified by cancelling its registration”. 

The judges described the case as an “unfortunate one”. 

“Both women put blood, sweat and tears into developing their businesses,” they wrote. “As the fame of one grew internationally, the other became aware of her namesake and filed a trademark application.” 

The Katie Perry trademark had been applied for when Taylor already knew of the singer’s reputation, the judges found. They added that the “difference in spelling of ‘Katy’ v ‘Katie’ does not take the aurally identical word marks beyond deceptive similarity”. 

Sydney-based designer Taylor sued Katy Perry — who was born Katherine Elizabeth Hudson — in 2019 for trademark infringement over her own “Katy Perry” merchandise, and nearly succeeded. However, Perry filed an appeal against Taylor.  

Taylor told Sydney Morning Herald: “I am devastated with the outcome of the case. I won my case at first instance and to have it overturned on appeal is heartbreaking.” 

“This case proves a trademark isn’t worth the paper it’s printed on,” she added. “My fashion label has been a dream of mine since I was 11 years old, and now that dream that I have worked so hard for since 2006 has been taken away.”