Katy Perry Wins Trademark Legal Battle Against Aussie Designer

Katy Perry has won a legal battle against Aussie designer Katie Jane Taylor. For over a decade, Katie Jane Taylor has released clothing under the Katie Perry trademark (her birthname).

Earlier this year, Taylor won her trademark dispute against the Roar singer.

When the lawsuit was first filed, Taylor and her legal team alleged that Perry was aware of the trademark held in Australia and “tried to bully her to give it up in 2009,” as well as attempting to “initiate opposition proceedings.”

Taylor established her label in 2006 and has held the trademark for Katie Perry-branded clothes in Australia since September 2008. Her clothes are sold in stores like Target and Myer and on websites.

In June, Taylor revealed that Perry had appealed the decision that had Taylor win the trademark battle. The singer’s legal team won the case in court yesterday (22 November).

ABC reports that the judges in the Appeals Court ruled that Perry, whose real name is Katheryn Elizabeth Hudson, “honestly adopted” the Katy Perry name in 2002, years before Taylor started her own fashion label.

In the original judgment, the judge ruled that Perry didn’t have significant enough standing as an artist to reasonably cause confusion with the Australian designer. The Justices in yesterday’s proceedings overruled that decision.

“In concluding that the Katy Perry Mark did not have a reputation in clothes, the primary judge ignored the common practice of pop stars to sell merchandise including clothing at concerts and to launch their own clothing labels,” Justices David Yates, Stephen Burley and Helen Rofe said.

“Whilst some die-hard fans of Ms Hudson may recognise the incorrect spelling, the ordinary consumer with an imperfect recollection of the Katy Perry Mark confronted with a garment with Ms Taylor's Mark on it would be likely to be confused as to the source of the item and wonder whether it was associated with Ms Hudson.”

As a result of the Justices ruling in Perry’s favour, Taylor’s Katie Perry trademark will be cancelled unless she applies for a special leave appeal with the High Court. She was also ordered to pay Perry’s costs for the appeal and cross-appeal.

Taylor told SBS she feels like she’s “been hit by a truck” following the ruling.

Describing the Justices’ decision as “devastating,” she added: “The thing that is most devastating for me is that they’ve dismissed my trademark that I have held since 2008, that I’ve been trading under all of these years, and I’ve now lost that.

“I’ve lost my business, which has been my dream since I was 11 years old.”

Katy Perry will tour Australia for the first time in six years in June 2025 following her performance at this year’s AFL Grand Final.