A court ruled an Australian loungewear designer’s “Katie Perry” brand name should be cancelled, in a decision the small businesswoman said was “heartbreaking”.
Singer Katy Perry won a long-running legal fight with an Australian fashion designer after an appeal court ordered the cancellation of the Sydney businesswoman’s “Katie Perry” trademark.– rather than Katy Perry – described the decision as “heartbreaking”.
The court said the “difference in spelling of ‘Katy’ v ‘Katie’ does not take the aurally identical word marks beyond deceptive similarity”.singer and co-writer] may recognise the incorrect spelling, the ordinary consumer with an imperfect recollection … would be likely to be confused as to the source of the item and wonder whether it was associated with .”
The Full Court granted a limited stay to prevent the trademark cancellation order from taking effect until the outcome of any High Court appeal process. Taylor does not have an automatic right of appeal and would need to apply for special leave.: “I am devastated with the outcome of the case. I won my case at first instance and to have it overturned on appeal is heartbreaking.
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