‘Only die-hard fans recognise the difference’: Singer Katy Perry wins appeal in trademark fight against Australian designer Katie Perry

SYDNEY, Nov 22 – American pop star Katy Perry has today won a legal battle against Australian fashion designer Katie Jane Taylor, leading to the cancellation of Taylor’s “Katie Perry” trademark.

Sydney Morning Herald (SMH) reported that the Full Court of the Federal Court of Australia ruled that Taylor’s trademark was not validly registered due to its potential to deceive or confuse consumers about its association with the singer.

“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,” Taylor told SMH.

“This case proves a trademark isn’t worth the paper it’s printed on. My fashion label has been a dream of mine since I was 11 years old, and now that dream that I have worked so hard for since 2006 has been taken away.”

The court found that Perry was already a globally recognised artist by the time Taylor’s trademark was registered in 2008, and the similarity in their names could mislead the public.

“Whilst some die-hard fans of [Katy Perry] 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 performer],” SMH cited the judgment.

The dispute began when Taylor sued Perry for trademark infringement over the singer’s merchandise. While Taylor initially secured a partial victory, Perry and her associated companies appealed, resulting in Friday’s decision.

The court noted that Perry had proposed a coexistence agreement in 2009, which Taylor had rejected. Justices David Yates, Stephen Burley, and Helen Rofe said the rejection of that offer ultimately led to the designer’s loss in court.

“Taylor has brought this result on herself,” the judges wrote in their judgment. “Unfortunately, it is no longer possible to return to the time of peaceful coexistence.”

Taylor’s legal team argued that she was unaware of Perry’s fame when she registered her brand in 2007. They also noted that Taylor had incurred significant costs in building her business before encountering the singer’s brand.

Despite the court’s ruling, a limited stay has been granted to prevent the immediate cancellation of Taylor’s trademark, giving her time to explore further legal options. Taylor would need to apply for special leave to appeal to Australia’s High Court.