An Australian fashion designer has won a trademark case against pop star Katy Perry.
The case went to Federal Court in 2019, where the designer, Katie Perry, claimed that her trademark had been infringed by the US artist’s branded merchandise.
As reported by ABC, the High Court has ruled today (March 11th) that the designer was not in breach of trademark laws and would not harm Perry’s reputation.
Katie Perry first took Katy Perry to Federal Court in 2019, at first winning the case but later losing on appeal, despite first trademarking the name in 2007.
In today’s judgement, however, Justice Simon Steward referenced emails sent from Katy Perry’s manager, Steven Jensen, to the singer in 2009.
“She has ‘traded’ under the name of Katie Perry since 2007,” the email read.
“Of course, this issue has been blown way out of proportion as we (you) have not tried to keep her from trading under her name, and have certainly not sued her for trademark infringement.
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“We are arranging for some publicity (probably a press release) to clarify the situation, and want to have that in place by end of business tomorrow. We’ll keep you posted as we will probably want to include a statement from you. We’re on it!”
The California-born songwriter reportedly replied: “I say keep me outta it entirely. Make it less important but release something from management, pretty much stating the facts … Don’t soften it up, don’t apologize, nothing. Let me know what’s going out before it does pls.
“Stupid b****es. I wouldn’t have even bothered with this [if] mtv hadn’t picked up this silliness. Dumb b***h! Rawr!”
Justice Steward said the emails show Jensen had “incorrectly stated that the respondents had done nothing to stop the registration of the appellant’s mark”.
“First, in May 2009, the American artist filed a notice of opposition to the registration of the appellant’s mark out of time, with an application for an extension of time to file that notice,” he said.
“Second, also in May 2009, the appellant received a cease and desist letter from Australian trademark attorneys acting for the American artist.”
Steward added that while the designer was still operating as a “self-funded small business”, Perry’s star grew.
“So did her business as a singer,” Steward said.
“In August 2009, she toured Australia again and sold ‘Katy Perry’ branded apparel and merchandise at her concerts. This was done in full knowledge of the fact of the appellant’s registered trademark.”
Katie Perry said in a statement following the verdict, per BBC, “This has been an incredibly long and difficult journey.
“But today confirms what I always believed – that trademarks should protect businesses of all sizes.
“This case has never just been about a name. It has been about protecting small business in Australia, for standing up for what is right and showing that we all matter.”
