Katy Perry Trademark Appeal Hinges on Pop Star’s 2008 Fame in Australia
CANBERRA – Australia’s High Court is currently evaluating the extent of Katy Perry’s recognition in 2008 as part of an ongoing trademark dispute with fashion designer Katie Taylor, who operates under the name “Katie Perry.” Taylor initially registered the trademark in 2007,claiming no knowledge of the singer at the time.Though, she re-registered the mark in 2008 after hearing and purchasing Perry’s hit song, “I Kissed a Girl.”
Taylor subsequently sued Perry, alleging trademark infringement related to the sale of branded merchandise - shoes, clothing, and headwear – during Perry’s Australian tour. The case centers on whether Perry’s use of the similar name caused public confusion.
The core of the appeal, following lower court rulings, now focuses on Perry’s level of fame in Australia during the critical period of 2008.While “I kissed a Girl” was released in April 2008 and propelled Perry to international stardom, the lower court previously determined that the limited nature of the concert merchandise wouldn’t likely cause consumer confusion, distinguishing it from a typical fashion line.
Notably,Taylor’s own legal team has argued that consumers are capable of differentiating between the spellings of “Katy” and “Katie” Perry,suggesting they wouldn’t associate the merchandise with Taylor’s brand. This argument raises questions about the necessity of the trademark action itself, if public confusion is not a concern.
The dispute has drawn scrutiny for its protracted length and the apparent lack of public interest in the outcome. The case is filed under trademarks, Australia, and involves Kitty Purry.
