Between the controversy over ties to disgraced producer Dr. Luke and her latest musical era failing to catch on, it has been a rough era for Katy Perry. But good news has finally arrived, as the “Dark Horse” singer has just triumphed over… Katie Perry. So, who’s that?
Perry successfully appealed a trademark court decision after an Australian fashion designer with a very similar name sued the singer in April 2023. Katie Jane Taylor, who owns a clothing business under her birth name Katie Perry, was favored in a previous case regarding merchandise sold by the music artist during an Australian tour.
Taylor told The Sydney Morning Herald that fighting Perry was like “David and Goliath.” She also said she is “devastated with the outcome of the case. I won my case at first instance and to have it overturned on appeal is heartbreaking.”
Taylor and Perry had been using their names as trademarks while unaware of the other’s existence. In addition to Perry winning the appeal, the Full Court of the Federal Court canceled Taylor’s trademark registration on Nov. 22, 2024.
The judges called the situation “unfortunate,” adding, “Both women put blood, sweat, and tears into developing their businesses.” They also said, “As the fame of one grew internationally, the other became aware of her namesake and filed a trademark application.”
Justices David Yates, Stephen Burley, and Helen Rofe said in their judgment that Perry’s team had proposed an agreement in July 2009 that would have allowed both parties to continue to use their marks. Taylor rejected the offer and proceeded with the infringement case.
Fast forward to 2024, and the designer’s claim was lost because her trademark was not registered validly from Sep. 2008 onwards, which the court said “should be rectified by canceling its registration.” Taylor’s trademark was deemed invalid because it could cause confusion or deceive consumers.
After all, Perry had already established herself as an internationally famous singer. Ultimately it came down to the similarities in the name; the court said the average consumer would likely hear or read “Katie Perry” and associate it with the performer, despite the different spelling. Taylor added in The Sydney Morning Herald, “This case proves a trademark isn’t worth the paper it’s printed on. My fashion label has been a dream of mine since I was 11 years old, and now that dream that I have worked so hard for since 2006 has been taken away.”
The theatrical Justice Brigitte Markovic, who ruled in Taylor’s favor in 2023 and might want to consider an entertainment career, said “This is a tale of two women, two teenage dreams, and one name,” referencing one of Perry’s biggest hits.
Markovic believed Perry had infringed on Taylor’s trademark when promoting Prismatic tour merchandise between 2013 and 2018. Markovic also ruled that Perry’s Kitty Purry company was liable for advertising infringement for selling clothes during the Australian leg of the tour.
Now that decision has been overruled and the appeal court has dismissed orders made following Taylor’s win in 2023, we doubt Taylor has plans to spin “T.G.I.F.” following the Friday decision. She concluded, “I will take some time to digest today’s decision and work out my next steps with my legal team and circle of supporters.”
