Loss for singer in Katy Perry Australia trade mark clash

Categories: Trademark Disputes

Ellis Sweetenham
March 13, 2026

Singing sensation Katy Perry has failed to defend a claim filed against her in Australia in relation to the use of the name ‘Katie Perry’ by a fashion designer.

Now known as Katie Taylor, previously Perry, is an established Australian fashion designer previously filed a claim in 2023 against the singer following Perry’s Australian tour in 2014. During this tour, Perry sold clothing merchandise that featured her name. Taylor claimed that this use infringed her registered trade mark, and the reputation built in her brand since its launch in 2007. This claim was filed after Perry’s lawyers contacted Taylor in 2009 to cease and desist. While threats were made, no further action was taken at the time.

While initially Taylor was successful in 2023, this ruling was overturned in 2024 and resulted in Taylor’s registered trade mark being cancelled. The Court determined that Perry had prior use to Taylor and therefore on this basis, had the earlier rights to prevent the registration of Taylor’s mark.

Taylor appealed this decision to the High Court who issued their verdict this week. The Judges at the High Court determined that the existence of Taylor ‘Katie Perry’ brand had not hurt Perry’s reputation or caused confusion. The Judges made their decision on the basis that as Perry’s reputation as a singer was so well established, there was no confusion on the part of the public, as it would be evident that Taylor’s mark was not connected with the singer. On the basis of this decision, Taylor’s mark remained registered and was not cancelled.

In a battle that has gone back and forth, this decision seems to have drawn a line under it. It serves as a reminder for all to complete thorough searches before filing an application to determine who came first, but also as a reminder of the importance of confusion. Without confusion, even if there is some similarity, any challenge against a trade mark will not be successful.

If you wish to discuss how best to protect your brand, please contact Lawdit Solicitors today.

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Written By:

Ellis Sweetenham

Ellis is a contentious and non-contentious intellectual property (IP) solicitor at Lawdit Solicitors. Ellis also is an the Director and an intellectual property law consultant at Lawdit’s sister company Trademarkroom. Ellis qualified as a solicitor in 2019, and over her qualified years has gained valuable experience in all contentious and non- contentious matters relating to trade marks, copyright, designs and patents. Ellis has represented clients in a variety of matters, including those relating to infringement, licensing, oppositions, cancellations, invalidations, assignment, portfolio management, pre-filing due diligence and registration. This includes matters before the Intellectual Property Enterprise Court, UK Intellectual Property Office, EU Intellectual Property Office and Word Intellectual Property Organisation. In addition to IP matters, Ellis is also experienced in other commercial law matters, including music law, defamation, data protection, civil litigation and commercial disputes. Ellis has built a reputation for being detail-focused and thorough, always available to provide clients with the highest level of client care. Ellis acts with the highest level of professionalism to ensure that her clients are well informed and their best interests are at the centre of all advice given and action taken. Ellis is a regular on the Lawdit Solicitors Mark Wing Podcast, and has written many legal articles, both for Lawdit and Trademarkroom’s reading room, as well as for external IP publications. Ellis is based in our Isle of Wight office.