A string of legal action was first launched in June 2009 over a trademark held by Katie Jane Taylor, who uses her birth name to design and sell clothes under the brand Katie Perry.
Pop star Katy Perry appealed a court decision from last year that ruled in favour of Sydney fashion designer Katie Perry . Pop star Katy Perry has won an appeal in a long-running trademark dispute with a Sydney fashion designer bearing a similar name.
The court initially found in Ms Taylor's favour, citing trademark infringements during Perry's 2014 and 2015 Prismatic Tour in Australia, at pop-up stores in Sydney and Melbourne during that tour, and on a website for merchandise company Bravado. The court heard the singer Perry, whose real name is Katheryn Elizabeth Hudson, "honestly adopted" the Katy Perry moniker in 2002, some five years prior to Ms Taylor starting her own label.
But Justices David Yates, Stephen Burley and Helen Rofe found the reputation in the trademark to music and entertainment "overlooked relevant evidence". In the initial judgment, the court found some of the items sold on the Katy Perry tour did not breach trademark infringement because some of the offending items did not fall in to the definition of "clothes".The US singer and Australian fashion designer have been engaged in a name conflict since 2009.
However, the court found that because Ms Taylor did not explicitly nominate headgear and footwear in her trademark, "there is no warrant for construing the word 'clothes' more broadly now".The court outlined a proposed co-existence agreement drawn up by Perry and presented to Ms Taylor in 2009, which would have allowed them both to trade under their respective brands.
Katie Perry Nsw Sydney Courts Trademark Pop Pop Star
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