Pop star Katy Perry has lost a long-running legal battle over name usage to Australian fashion designer Katie Perry after the case reached the High Court of Australia.
In its majority decision released on Tuesday, the court ruled that the designer’s “Katie Perry” trademark complies with trademark laws and is unlikely to be confused with or damage the reputation of the global music star, according to ABC News.
Lawyers for Katy Perry argued that the singer had toured Australia and sold merchandise bearing her name in 2009, 2011, 2014 and 2018 without any objections from the designer.
However, in 2019, the designer accused the singer of infringing on her trademark following the sale of Katy Perry-branded clothing, shoes and headwear.
Katie Perry initially won the case, but the ruling was later overturned on appeal after judges concluded that the singer had already built a reputation in Australia before the designer launched her fashion label. Facing the possibility of losing her business, the designer subsequently took the matter to the High Court.
During the hearing, the designer told the court that she had not heard of the pop star when she first filed her trademark application in 2008. She said she became aware of the singer by 2009, when the artist gained global recognition with the hit song I Kissed a Girl.
Lawyers representing the designer also argued that she had used the “Katie Perry” name for a decade without any legal disputes.
The High Court ultimately sided with the designer, ruling that the use of her trademark on clothing was unlikely to deceive consumers or cause confusion. The court also awarded legal costs in her favour.
