Katy Perry vs. Katie Perry Update: High Court to Hear Trade Mark Dispute

The long-running trade mark dispute between American pop star Katy Perry (born Katheryn Hudson) and Australian fashion designer Katie Jane Taylor (née Perry) is set to reach its final stages, with the High Court of Australia granting special leave to hear the matter. ​

Background

In 2002, the US singer adopted the stage name, “Katy Perry”.

In 2007, the Australian designer filed a trade mark application in Australia for KATIE PERRY, however, this application was allowed to lapse. In 2008, she first became aware of the US pop star. Taylor then registered the trade mark KATIE PERRY in Australia for her fashion label.

Subsequently, the US pop star started selling merchandise under her stage name, KATY PERRY, during her Australian tours, ultimately leading to a legal battle over trade mark infringement.​

In April 2023, the Federal Court ruled in favour of Taylor, finding that Perry’s merchandise sales during her 2014 and 2015 Prismatic Tour in Australia infringed Taylor’s trade mark.

Appeal and Overturning of Decision

However, in late 2024, the Full Federal Court overturned this decision, ruling that Katy Perry had been using her name as a trade mark in Australia well before the priority date of Taylor’s registration.

The Court also found that Taylor’s trade mark registration was likely to cause consumer confusion and ordered that it be cancelled.

High Court Appeal

Dissatisfied with this outcome, Taylor sought leave to appeal to the High Court of Australia. As of 11 April 2025, the High Court has agreed to hear the case, reviving the long-standing legal battle. ​

So, watch this space!

Implications for Brand Owners

This case underscores the complexities of trade mark law, especially concerning personal names and international branding. Key takeaways include:​

• Territorial Nature of Trade marks: Trade mark rights are jurisdiction-specific. A trade mark registered in one country does not automatically confer rights in another.​
• Importance of Early Registration: Securing trade mark rights early can provide a strong defence against potential infringements.​
• Due Diligence in Branding: Before launching products or services under a brand name, it’s crucial to conduct thorough trade mark searches to avoid conflicts.​

For businesses and individuals, this case serves as a reminder of the importance of proactive trade mark protection. If you’re considering launching a brand or expanding into new markets, consult with our Intellectual Property Experts on 03 5273 5271 or by email to info@coulterlegal.com.au.