The Australian Registrar of Trade Marks has ruled in favour of beach brand Swim Shady in one strand of its ongoing trademark battle with Eminem, stripping the rapper’s “Shady” trademarks of clothing and merchandise protections.
The decision, handed down yesterday (July 1st), found that the “Shady” and “Shady Limited” trademarks registered to Eminem – real name Marshall B. Mathers III – hadn’t actually been used on clothing, footwear, headwear, bags, or leather goods in Australia during the required period, despite evidence submitted that included tour merchandise, website sales figures, and social media posts.
The delegate found most of the “Shady” branding was tied to Eminem’s Slim Shady moniker and music career rather than functioning as a standalone product trademark, and that only a handful of Australian sales were on record – all of them after the relevant window.
The Registrar also noted that merchandise sales appeared to be handled by Eminem’s record label, rather than the rapper directly, with no clear evidence he exercised control over that use himself.
As a result, the trademarks will lose coverage for clothing, footwear, headgear, bags, and leather goods from August 1st, though Eminem retains “Shady” for other categories including music and electronics.
He’s also been ordered to cover Swim Shady’s legal costs. Eminem’s team has until July 22nd to appeal.
Swim Shady co-founders Jeremy Scott and Elizabeth Afrakoff welcomed the outcome. “Elizabeth and I are delighted with today’s decision. We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome,” Scott said in a statement to Rolling Stone AU/NZ.
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“While this is an important milestone for Swim Shady, it is one step in the broader trade mark proceedings, and we recognise there are still matters to be resolved.”
At the centre of the dispute was Swim Shady’s name, which Eminem argued is “highly confusingly similar and/or legally identical in sight and sound” to his famous Slim Shady moniker. Alongside Australia, Eminem challenged the name in the US, the UK, and Japan. The rapper opposed the company’s attempts to secure trademark protection across a range of products, including beach canopies, umbrellas, towels, and apparel.
In Australia, Swim Shady’s application was accepted by IP Australia, the federal government agency that administers intellectual property rights and legislation for patents, trademarks, and design rights, in August 2025 before Eminem formally opposed it two months later. Both sides filed evidence, though neither requested an oral hearing.
The battle is playing out simultaneously overseas. In the US, Swim Shady successfully registered its trademark in September 2025, prompting Eminem to file for its cancellation shortly after. In February 2026, the company moved to pause those proceedings while the Australian case unfolds. The US Trademark Trial and Appeal Board’s decision is still pending.
In the UK, the opposition process is ongoing, with both parties submitting evidence and further filings due by April. Meanwhile in Japan, where the trademark has already been registered, the Japanese Patent Office is reviewing whether Eminem’s challenge has merit.
“We created Swim Shady to solve a real problem – making sun protection simple, portable and effortless at the beach,” Scott previously told Rolling Stone AU/NZ. “We remain focused on continuing to grow the brand globally.”
This is far from the first time Eminem has petitioned to protect his trademarks. He previously took on a clothing company called “Shadzy”, a sunglasses brand called “Shady Character”, and recently took on Real Housewives stars Gizelle Bryant and Robyn Dixon over their efforts to get a trademark for their podcast, Reasonably Shady. That case remains ongoing.
