Katy Perry has just lost her legal battle against Australian fashion designer Katie Perry, over name use that has gone all the way to the Supreme Court.
According to ABC News, Earlier today, the Supreme Court announced its majority decision that the Katie Perry trademark complies with trademark laws and does not have the potential to be confused with or harm the reputation of the global pop star.
Katy Perry’s legal team argued that she toured Australia in 2009, 2011, 2014 and 2018 and sold branded merchandise without any consideration from Katie Perry.
But in 2019, the designer accused the pop star of infringing her trademark over sales of Katy Perry brand clothing, shoes and headwear.
Katie Perry was initially successful in her bid, but the ruling in her favor was overturned on appeal as the judges ruled that the Roar singer already had a reputation in Australia before Katie Perry started her fashion company.
Katie Perry, faced with the prospect of losing her business, took the case to the Supreme Court.
The designer told the court this week that she had never heard of the pop star when she registered her trademark in 2008, while she had heard of her when the trademark was registered in 2009, when her namesake had a hit with I kissed a girl.
Katie Perry’s lawyers also argued that she had used the name for ten years without any problems. The Supreme Court sided with the designer, finding that the use of the designer’s mark on clothing was unlikely to mislead or cause confusion, and also awarded her costs.
