Perry v Perry: What Katy’s win teaches us about brand protection

 

There can only be one – at least when it comes to trademark law. That was the sentiment echoed by the court recently, as pop superstar Katy Perry won the appeal in her trademark battle against Sydney fashion label owner Katie Perry.

This high-profile case is a prime example of the complexities surrounding trademark law, especially when names, brands, and intellectual property intersect in a global marketplace. More importantly, it’s a compelling reminder that trademarks are powerful, but still limited  – and how, in some instances, options such as coexistence agreements might be the safest course of action.

The case recap

The dispute began in 2009, when Katie Perry, a Sydney-based designer, sought to protect her clothing label under Australian trademark law as pop star Katy Perry was on her meteoric rise to fame. In 2019, Katie (designer) sued Katy (singer) for selling merchandise in Australia under her own name, which she claimed was trademark infringement.

In April 2023, Katie won that case, with the court finding Katy selling her clothing at shows to indeed be a breach of trademark.

The verdict

However, Katy Perry – who, even more interestingly, was actually born ‘Katheryn Hudson’ – appealed, and on 22 November 2024, the judges unanimously overturned their previous decision. They found Katy’s activities fell under exceptions in Australian trademark law, and that the sale of merchandise with her name on it was her right as a pop artist.

According to Justice David Yates,

“Whilst some die-hard fans of Ms Hudson may recognise the incorrect spelling, the ordinary consumer with an imperfect recollection of the Katy Perry Mark confronted with a garment with Ms Taylor’s Mark on it would be likely to be confused as to the source of the item and wonder whether it was associated with Ms Hudson.”

Ultimately, the judges cancelled the ‘Katie Perry’ fashion trademark, though Katie Perry can still appeal this decision.

For the other Katy, the ruling was a victory –  and a testament to how confusing the interplay can be between personal identity and commercial branding.

What could have been

Trademark battles don’t always need to result in costly litigation or protracted appeals. After sending a cease and desist back in 2009, Katy Perry actually offered to share the trademark with Katie Perry, which the latter refused – and now, some years later, the fashion designer is forced to rebrand her business.

For businesses and individuals with overlapping brand interests, a coexistence or co-sharing agreement can be an innovative solution that allows both parties to coexist under clearly defined terms, avoiding consumer confusion and protecting the integrity of each brand.

In cases like this, a co-sharing agreement could have specified how each party could use their trademarks, delineating boundaries for commercial use, merchandise, and marketing. These agreements offer a practical way to resolve disputes, save legal costs (and time), and avoid jeopardising business interests. Or personal reputations.

Why brand protection matters

The Katy Perry vs. Katie Perry saga serves as a cautionary tale for businesses of all sizes. Whether you’re a fashion designer, a tech business, or an artist building a personal brand, the principles of trademark law remain the same – and it pays to know where the line is.

At every stage of ownership, ensuring the strength and validity of your trademark is crucial, from initial brand design and early use to registration and enforcing your rights against infringement. Investing in legal advice on registrability, ownership use, and reputation now could save you from expensive court visits later.

At Quest Legal, we understand the high stakes of intellectual property disputes. With offices in Sydney and Perth, our team is dedicated to empowering businesses with the tools they need to protect their most valuable assets. If you’re facing a trademark conflict or looking to strengthen your brand’s legal foundation, we’re here to help.

Contact us today to discuss how we can assist you in navigating trademark disputes and securing your future.