Katie Perry vs Katy Perry: Australian designer wins trademark over popstar

U.S. singer Katy Perry attends the Baby2Baby gala at Pacific Design Center in West Hollywood, California, November 9, 2024. (Michael Tran/AFP/Getty Images via CNN Newsource)

SYDNEY — Sydney-based fashion designer Katie Perry had always dreamed of starting her own clothing brand. She never imagined a global pop star would be her biggest obstacle.

But on Wednesday Australia’s highest court ruled that Perry, who now goes by her married name Katie Taylor, has the right to sell clothes under her own name.

It’s a major victory for the underdog small business owner, who more than 15 years ago received a letter from the other Katy Perry — yes, that one.

“Just picture it. I had just launched my first showroom,” she told CNN, recalling the moment in 2009, two years after she had launched her fashion line “Katie Perry,” which sells colorful and comfortable basics.

“I arrived back in the showroom, there were empty champagne glasses everywhere, and opened my post, and all I remember is looking at this paper that said, cease and desist. Stop sale of your clothes, stop any website, and stop any advertising material.”

Perry, the American singer who was born Katheryn Elizabeth Hudson, was skyrocketing to international fame following the launch of her popular singles “I Kissed a Girl” and “Hot N Cold,” which were topping Australian and global charts in 2008.

Ahead of Perry’s first Australian tour in 2009, her lawyers sent Taylor a letter demanding she withdraw her trademark application, which she had registered months prior.

“I remember, bursting into tears and thinking, what is this all about? I haven’t done anything wrong,” Taylor said.

That letter kicked off a legal saga that would last nearly two decades, winding through several courts, until the Australian High Court found on Wednesday the designer’s use of her own name for her clothing brand did not violate trademark laws.

“Honestly, it kind of feels like a dream,” Taylor told CNN after reading the ruling. “I keep thinking, like, oh my god, has this actually happened?”

CNN has reached out to Perry’s management for comment on the outcome.

A victory for the underdog

The case was about who was legally allowed to sell clothing under the Katie — or Katy — Perry name.

Taylor said she first heard about Perry in July 2008 when “I Kissed a Girl” came on the radio, according to the court filing Wednesday.

Taylor “bought the song on iTunes because she wanted to support an artist who had the same name as her.”

But their matching names would soon drive a wedge between them.

After the 2009 letter, the two sides attempted to come to a settlement but they could not agree on the terms, according to the court filings.

Taylor was granted the trademark for clothing and Perry amended her application to include just music and entertainment, according to the court ruling.

The legal battle faded to the background. But as Perry’s star grew and she continued to tour the world, including Australia, she began to offer branded tour merchandise, including clothing, to fans.

In 2019, Taylor sued the singer, arguing Perry had infringed on her trademark.

Taylor won her case in Federal Court but lost on appeal, with the judges finding that Perry’s reputation in Australia was stronger than Taylor’s at the time Taylor had registered her trademark application, and that it is common practice for pop stars to sell merchandise.

In a strong rebuke against Taylor’s case, they argued that her “Katie Perry” trademark should be cancelled.

But on Wednesday, Australia’s High Court overturned the ruling, arguing the cancellation of the trademark was not warranted, and the use of the “Katie Perry” trademark was not likely to deceive or cause confusion.

Taylor said the court battle was a long and difficult process, but she did it to show that trademarks are there to protect small businesses, not just large brands.

“So many people said to me, like, why don’t you just give up? It’s not worth it. I really believe in standing up for your values. Truth and justice are part of my core and my values.”

Now it’s “back to business” and selling her garments at markets in Sydney, Taylor said.

“But without this hanging over my head, which is how it’s been really since 2009. Just a heaviness, and lots of fear, and limbo,” she said.

“Now I can start really looking forward and focusing on the future. I’m really excited.”

By Lex Harvey and Angus Watson