Katie and Katy Perry Head to the High Court
When is a name just a name, and when does it become a brand worth protecting?
The upcoming High Court case between Sydney fashion designer Katie Perry and global pop star Katy Perry raises a critical issue for small businesses and growing brands in Australia: what happens when someone more famous or more powerful uses a brand name that’s similar to yours?
This case is a timely reminder of why trademarks matter. It shows how brand identity can be challenged even years after registration, especially when there’s a confusing similarity with a famous public figure or company. It also highlights the importance of defending your intellectual property from the outset, particularly in industries like fashion, lifestyle, and creative services where names are often deeply personal and commercially valuable.
The Story of Katy & Katie
Katie Jane Taylor, who trades under the brand Katie Perry, registered her clothing trademark in Australia in 2008, before the singer began selling merchandise locally. Ahead of her 2009 tour, Katy Perry’s team proposed a coexistence agreement… where the two businesses would agree to continue using similar trademarks under certain conditions. The designer refused to deal, and the matter remained quiet for several years.
In 2019, Taylor sued the singer for selling Katy Perry-branded clothing in Australia, arguing that it infringed her trademark. The Federal Court initially agreed, finding that the goods sold under the singer’s name did infringe the designer’s registered trademark. However, the decision was later overturned on appeal. The Full Federal Court ruled that the singer’s existing reputation in Australia meant that the use of the name Katy Perry on clothing could confuse the public. It also found that the designer’s trademark should not have been registered and ordered it cancelled, though that cancellation has been paused pending the High Court’s decision.
The High Court is now set to consider whether a global reputation in one field, such as music, can affect trademark rights in another, such as fashion. As Katy Perry returns from her brief commercial space flight and prepares for her 2025 concert tour in Australia, this case has become a high-profile test of how Australia balances fame, prior use, and local brand rights.
What This Means for Your Brand and How Markport™ Can Help
This case is a powerful example of why businesses, no matter their size, need to think strategically about trademark protection. Whether you’re starting a clothing line, launching a digital service, or growing a local brand, protecting your name is essential to securing your market position.
At Markport™, we help small and medium-sized enterprises register, protect, and manage their trademarks across Australia, New Zealand, and the Asia-Pacific region. Our approach combines legal expertise with a strong understanding of brand design, helping you build a business identity that’s not only distinctive but also protected.
From trademark searches and registration to design strategy and brand defence, we’re here to support your growth every step of the way.
📩 Ready to protect your brand? Get in touch with us today.
https://markport.com.au/contact-us/