Katy Perry – born Katheryn Hudson – was sued for trademark infringement by Australian fashion designer Katie Taylor. Photo / AP
Katy Perry has lost a trademark battle over her name.
The pop star – who was born Katheryn Hudson – was sued for trademark infringement by Australian fashion designer Katie Taylor – who runs a clothing brand using her birth name of Katie Perry – and a judge Downunder ruled against the singer by confirming the Roar star had breached Katie’s trademark several times.
In her ruling, Justice Brigitte Markovic wrote: “This is a tale of two women, two teenage dreams and one name.”
The Katie Perry brand was set up in 2006 before being trademarked, and the designer claimed merchandise sold during the singer’s subsequent Australian tours was in breach.
The judge found several infringements to have taken place in the singer’s social media posts promoting her Prismatic Tour, as well as at pop-up merchandise stores in Sydney and Melbourne during her shows in the country throughout 2014 and 2015 and on a website for merchandising company Bravado.
However, Justice Markovic said the pop star used the name in “good faith” and should not have to pay any personal compensation but she started the singer’s company Kitty Purry will have to hand over damages. The amount owed will be decided at a hearing in May.
The judge also dismissed a bid by the singer to have the designer’s trademark withdrawn. After the ruling, Katie Taylor took to her website to declare she’d won her the “David vs Goliath” case and opened up about the vicious trolling she’d suffered as a consequence of the legal fight.
She wrote: “When this all started back in 2009, I had been designing and manufacturing clothes in Australia under the name I was born with, Katie Perry, which I applied to register as a trade mark for my business – a logical next step. I had no knowledge of the singer at the time.
”Imagine my surprise when one of the reactions I received was a letter from lawyers representing the US singer, Katy Perry. They stated that I should immediately stop trading under this name, withdraw all my clothes and sign a document drafted by them to say that from then on I will never trade under this name ever again. A true case of David vs Goliath! I felt bullied, insulted and surprised.”
Taylor went on to add: “Instead of giving in, I decided to fight against this injustice … Over the past few years, including whilst battling it out in court, I have been bullied and trolled. My friends and family have been trolled …”
This is a win for small businesses. We matter Australian laws matter and most importantly in the face of a bully it is important to stand up for yourself… Not only have I fought myself, but I fought for small businesses in this country, many of them started by women, who can find themselves up against overseas entities who have much more financial power than we do.”
– BANG Showbiz
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