Lawyers representing Eminem have reportedly filed an appeal regarding a recent trademark ruling against Australian swimwear brand, Swim Shady.
Earlier this month, the Australian Registrar of Trade Marks ruled in favour of the brand in one strand of its ongoing battle with the rap icon, real name Marshall B. Mathers III, stripping the “Shady” trademarks of clothing and merchandise protections.
The decision found that the “Shady” and “Shady Limited” trademarks registered to Mathers 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.
According to SBS, documents from Mathers’ representatives were filed with the Federal Court of Australia’s Victoria Registry on Wednesday.
Rolling Stone AU/NZ has contacted Swim Shady for comment.
At the time of the ruling, 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.
