Katy Perry wins ‘David and Goliath’ trademark battle against Sydney designer

US pop star Katy Perry has won a bitter legal battle with Australian fashion designer Katie Jane Taylor over her “Katy Perry” trademark for selling clothes.

Taylor sued the singer in Federal Court in April 2023 for trademark infringement.

The mum-of-two has been running a clothing brand under her Katy Perry name for eighteen years and has owned the brand in Australia for over a decade.

The Sydney designer has sued the singer, whose real name is Katherine Elizabeth Hudson, alleging she has infringed her trademark by using a mark that is “substantially identical or deceptively similar”.

Taylor claimed Perry had been using the trademark in Australia since at least 2013, selling products not only at her concerts but also in stores such as Myer and Target.

She partially won her claims in Federal Court in 2023, but Perry appealed.

On Friday, the appeals court reportedly ruled in Perry’s favor because Taylor’s trademark was not “lawfully registered” in 2008.

The registration was not valid because the trademark was likely to be misleading or cause confusion at a time when Perry was already “a nationally and internationally known pop star” who had “released several singles and an album that received widespread coverage in Australia.” Media”. the decision says.

The court said the trademark was deceptively similar to the name Katy Perry, despite the different spellings of Katy.

While die-hard fans may notice the difference in spelling, the average consumer will likely be confused.

Taylor’s lawyers told the court she did not know about Katy Perry until July 2008 and registered her Katy Perry domain name in Australia in May 2007.

The court also mentioned that in July 2009, the pop star offered Taylor a “coexistence agreement,” which she rejected and which would have been “an excellent outcome for both parties.”

“In this sense, Ms. Taylor brought this outcome upon herself. Unfortunately, it is no longer possible to return to the times of peaceful coexistence.”

Taylor will need to apply for special leave if she wants to appeal to the High Court and now faces a large costs order.

She told the Sydney Morning Herald she was “devastated” by the result.

“I won the case at first instance and to have it overturned on appeal is heartbreaking,” she said.

“This case proves that a trademark is not worth the paper it is printed on. My fashion brand has been my dream since I was 11 years old, and now that dream that I worked so hard for since 2006 is gone.

“I will take some time to digest today’s decision and work out my next steps with my legal team and circle of supporters.”

Despite the backlash Taylor received from Perry’s fans, her Australian support network kept her spirits up during her legal battle.

Even The Bachelor star Thomas Malucelli supported him in the ring, modeling the small business owner’s clothing range.

“You did well, my friend,” Malucelli wrote under a post dedicated to her first victory in the trial against Perry.

Daily Mail Australia has contacted Taylor for comment.