Katy Perry loses trademark case as judges rule in favour of small business

Australian fashion designer Katie Perry has secured a definitive victory in her long-running trademark battle against global pop star Katy Perry.

Earlier today, the High Court of Australia delivered a majority decision confirming that the designer's trademark complies with national laws.

The court ruled that the name does not have the potential to be confused with, or cause damage to, the singer’s reputation.

This final judgment concludes a legal saga that began in 2019, when the Sydney-based designer accused the "Roar" artist of infringing upon her brand through the sale of Katy Perry-branded clothing and accessories.

Legal representatives for the musician argued that she had sold name-branded merchandise during Australian tours in 2009, 2011, 2014, and 2018 without opposition.

Although an earlier appeal had briefly favoured the pop star, the High Court ultimately protected the designer's right to her namesake business.

The designer testified that she was unaware of the entertainer when she first applied for her trademark in 2008, though she had heard of her by the time it was registered in 2009, following the success of "I Kissed a Girl."

The High Court found that the use of the designer's mark on clothing was "unlikely to deceive or cause confusion" and awarded her legal costs.

For the Australian small business owner, the ruling removes the looming prospect of losing her brand, affirming her right to use the name she has operated under for over a decade.