Australia's top court has agreed to deliver the final word in the long-running Katie Perry v. Katy Perry legal battle, which a judge has described as a "tale of two women, two teenage dreams, and one name." Australian designer Katie Perry argues that the American singer with a similar name infringed on her trademark with sales of tour merchandise in Australia. Katie Perry called it a "win for small business" when a court ruled in her favor in 2023. But the decision was reversed on appeal last year, with judges saying Katie Perry should never have been granted a trademark for her namesake fashion line when she applied for one in 2008 because Katy Perry was already famous at the time, New York Times reports.
The appeals court canceled the Australian Perry's trademark, saying that at the time she applied, it should have been clear that the American Perry would sell tour merch in Australia. When it agreed to hear the appeal, however, Australian High Court judges said they were worried about the precedent, the Times reports. "If you are sufficiently famous, the capacity is to monetize in all kinds of directions, not just clothing: It is whiskey, wine, makeup," Justice Jayne Jagot said. "It becomes difficult to think of a commercial activity that would not be covered," she said, noting that celebrities could even offer dental services like "Katy Perry Invisalign, or whatever."
The High Court stayed the order to cancel the Katie Perry trademark pending its decision, which is expected in the second half of this year. Analysts say the decision will shape how similar cases involving international brands are treated in Australia. The court will have to decide if Katy Perry "had a reputation in clothing or was just well-known" in 2008, the Times reports. The Australian Broadcasting Corporation reports that neither woman went by the Perry name earlier in their lives. The designer was born Katie Perry but has gone by Katie Howell, then Katie Taylor, for most of her life, while the singer was born Katheryn Elizabeth Hudson. (More Katy Perry stories.)
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