"In a majority decision on Wednesday, Australia's high court found the designer's label did not breach trademark laws and was not likely to cause confusion, regardless of the singer's reputation when it was registered. The fashion designer Katie Taylor, who was born Katie Perry, applied to register that as a business name in April 2007."
"The epic legal battle began in May 2009, when the singer filed a notice of opposition to the registration of Taylor's trademark and sent cease and desist letters to the Australian designer. Despite this, the singer's manager, Steven Jensen, at the time told Perry that her team had not tried to keep [Taylor] from trading under her name."
"She had not heard of the singer at the time, the court said. The designer subsequently applied to register the Katie Perry trademark for the sale of clothes in September 2008 a few months after the release of Perry's hit debut single, I Kissed a Girl."
Sydney fashion designer Katie Taylor won a landmark trademark dispute against pop star Katy Perry after nearly 17 years of legal proceedings. Taylor, born Katie Perry, registered her business name in April 2007 before the singer achieved fame. She subsequently trademarked Katie Perry for clothing sales in September 2008, months after the singer's debut single release. Australia's high court determined in a majority decision that Taylor's label did not breach trademark laws and would not cause consumer confusion, regardless of the singer's reputation at registration time. The dispute began in May 2009 when the singer's team filed opposition and cease-and-desist letters, though internal communications revealed initial reluctance to pursue aggressive action.
#trademark-dispute #intellectual-property-law #celebrity-litigation #australian-high-court #fashion-industry
Read at www.theguardian.com
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