Eminem is taking legal action against an Australian beach umbrella and bag company called Swim Shady.
In a petition filed with the U.S. Trademark and Copyright Office, and obtained by Rolling Stone, lawyers for Eminem (real name Marshall Mathers) said the name Swim Shady is “highly confusingly similar and/or legally identical in sight and sound” to Eminem’s famous Slim Shady moniker. He’s had the nickname trademarked since the Nineties, using it for everything from merch and live performances to his record label and several albums, including his most recent, The Death of Slim Shady.
Swim Shady filed their trademark application last year, and according to online records, they received a registration certificate on Sept. 23. Eminem’s lawyers filed their petition for cancellation a few days later on Sept. 29.
Along with its alleged similarities, the cancellation petition argued that the Slim Shady nickname is so well-known around the world, that the Swim Shady name “points uniquely and unmistakably” to Eminem’s marks. It further claimed that the Swim Shady mark is “likely to be confused with and mistaken for” Eminem’s marks, and could create a “false association” between the beach umbrella company and the rapper.
Lawyers for Eminem did not immediately return Rolling Stone’s requests for comment. Swim Shady has 60 days to respond to Eminem’s petition.
“Swim Shady is a grass roots Australian company that was born out of a desire to produce stylish and effective sun shades and other items to protect from the harsh Australian sun,” a statement given to Rolling Stone AU/NZ reads.
“We will defend our valuable intellectual property.
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“Given the matters are before the court, we do not propose to say any more at this time”
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.)
From Rolling Stone US
