Rapper Eminem has taken legal action against the Australian beachwear company Swim Shady, accusing the brand of infringing on his long-established Slim Shady trademark.
The Without Me hitmaker, whose real name is Marshall Mathers III, argues that the company’s name is deliberately designed to mimic his iconic rap persona, potentially misleading consumers into believing the brand is connected to him.
According to court filings, Eminem’s legal team claims the Sydney-based company is creating a “false association”between its beach umbrellas, towels, swim bags, and accessories and the rapper’s globally recognizable alter ego.
Just days after the U.S. Patent and Trademark Office (USPTO) officially granted Swim Shady’s trademark in September, Eminem’s team filed a petition seeking to have it cancelled.
The rapper has also challenged the company’s trademark in Australia, filing an opposition there in October last year. He maintains that Swim Shady’s use of the name infringes upon his well-known brand, which has been tied to his identity since the release of The Slim Shady LP in the late 1990s.
However, the beach brand has vowed to fight back.
In a joint statement to The Guardian Australia, owners Jeremy Scott and Elizabeth Afrakoff defended their business:
“Swim Shady is a grassroots Australian company that was born… to protect people from the harsh Australian sun. We will defend our valuable intellectual property. Given the matters are before the court, we do not propose to say any more at this time.”
Interestingly, while Eminem has long held trademarks for Shady and Shady Limited, he only applied to trademark Slim Shady in Australia earlier this year. In response, the Swim Shady team has filed non-use challenges against his existing trademarks, arguing that they have not been consistently utilized in Australia.
Eminem recently appeared to symbolically retire the Slim Shady persona with his latest album, The Death of Slim Shady (Coup de Grâce) — but legally, the battle over the name is clearly far from over.
