sydney
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Sydney-based fashion designer Katy Perry always dreamed of starting her own clothing brand. She never imagined that being a global pop star would become her biggest obstacle.
But on Wednesday, Australia’s Supreme Court ruled that Perry, who now goes by her married name Katy Taylor, had the right to sell clothing under her own name.
This is a big win for the underdog small business owner who received a letter from another Katy Perry more than 15 years ago.
“Imagine this: I had just launched my first showroom,” she told CNN, recalling the moment in 2009, two years after launching Katy Perry, a fashion line selling colorful and comfortable basics.
“When I got back to the showroom, there were empty champagne glasses everywhere, and I opened the mailbox. All I remember is seeing a piece of paper that said discontinued. Stop selling the clothes, discontinue the website, discontinue the advertising material.”
American singer Perry, born Katherine Elizabeth Hudson, rapidly rose to international fame in 2008 after the release of her popular singles “I Kissed a Girl” and “Hot and Cold,” which topped the Australian and international charts.
Ahead of Perry’s first Australian tour in 2009, her lawyer sent a letter to Taylor requesting that she withdraw the trademark application she had filed months earlier.
“I remember starting to cry and thinking, what the heck is this? I didn’t do anything wrong,” Taylor said.
The letter started a multi-court legal battle that lasted nearly 20 years, but on Wednesday Australia’s High Court ruled that a designer’s use of his name on a clothing brand did not violate trademark law.
“Honestly, it feels like a dream,” Taylor told CNN after reading the verdict. “I always think, oh my god, did this actually happen?”
“Katy Perry has never attempted to shut down Ms. Taylor’s business or stop selling clothing under the KATIE PERRY brand,” a representative for Perry wrote in an email.
The case revolved around who was legally allowed to sell clothing under the Katy or Katy Perry names.
According to Wednesday’s court filing, Taylor said she first heard Perry in July 2008 when “I Kissed a Girl” came on the radio.
Taylor said, “I wanted to support an artist with the same name as me, so I bought this song on iTunes.”
However, their matching names would soon drive a wedge between them.
After the 2009 letter, the two sides attempted to reach a settlement but were unable to agree on terms, according to court filings.
According to the court’s ruling, Taylor was granted the clothing trademark, while Perry amended his application to only include music and entertainment.
The legal battle faded into the background. However, as Perry’s star grew and he continued to tour around the world, including Australia, he began offering his fans branded tour merchandise, including clothing.
In 2019, Taylor sued Perry, claiming that Perry infringed on her trademark.
Taylor won in the Federal Court, but lost on appeal, with judges finding that Perry’s reputation in Australia was stronger than Taylor’s at the time Taylor registered her trademark application, and that it was common for pop stars to sell products.
In a strong condemnation of Taylor’s lawsuit, they argued that her “Katy Perry” trademark should be canceled.
But on Wednesday, Australia’s High Court overturned that decision, arguing that the cancellation of the trademark was not justified and that use of the Katy Perry trademark was unlikely to cause deception or confusion.
Taylor said the legal battle was a long and difficult process, but he did it to show that trademarks exist to protect small businesses, not just big brands.
“So many people have said to me, ‘Why don’t you just quit? It’s not worth it. I truly believe in standing up for your values. Truth and justice are part of my core and my values.’
Mr Taylor said he was now “back in business” selling clothes at a market in Sydney.
“But this never crossed my mind, and it really hasn’t since 2009. I just feel heavy and there’s a lot of fear and I’m at a loss,” she said.
“Now I can really look forward and focus on the future. I’m really excited.”
