Globally renowned pop star Katy Perry has lost a trademark dispute against Australian designer Katie Perry, after the country’s High Court ruled that the designer’s “Katie Perry” clothing label did not violate trademark laws.
In a 3–2 majority decision released on March 11, the court determined that the designer’s trademark could remain on the register. The judges said the label was not likely to cause confusion, even considering the global fame of the singer.
The case traces its roots back more than a decade ago, when designer Katie, who changed her surname to Taylor in 2015, applied to register “Katie Perry” as a business name in April 2007. According to the court’s ruling, she had not heard of the American singer at the time.
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In 2008, Katie applied to register “Katie Perry” as a trademark for the sale of clothes. From then on, she sold clothes at local markets, had a website, and several social media accounts with her brand. The filing came just months after Katy released her breakout singles, “I Kissed a Girl” and “Hot N Cold,” which helped introduce her to international audiences.
Around the same period, Katy – whose real name is Katheryn Hudson – performed in Australia for the first time. In October 2008, her team launched an online store selling “Katy Perry” branded merchandise worldwide.
The legal dispute formally began in May 2009 when Katy filed a notice opposing Katie’s trademark application and sent cease-and-desist letters to the designer. Despite this move, the singer’s manager, Steven Jensen, told her in an email that their team had not attempted to stop the designer from using her own name in business.
“We … have not tried to keep her from trading under her name, and have certainly not sued her for trademark infringement,” Steven wrote to Katy in June 2009, according to the High Court judgment.
Steven also suggested that the singer release a statement after the issue gained media attention. “as is common in Australia, the tabloids have picked this up and made it into a ‘story’,” he said.
Katy, however, replied that she preferred not to be involved.
“keep me outta it entirely.”
“Stupid b*tch*s. I wouldn’t have even bothered with this [if] mtv hadn’t picked up this silliness. Dumb b*tch! Rawr!” Katy wrote in an email cited in the judgment.
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In July 2009, the “Katie Perry” trademark was officially entered into Australia’s trademark register. Katie used the name to promote and sell clothing under her label.
Katy later registered the “Katy Perry” trademark in Australia in November 2011, although the registration did not extend to clothing.
Nearly eight years later, the designer filed a lawsuit in the Federal Court of Australia, claiming that her trademark had been infringed after “Katy Perry” branded clothing was sold in the country.
Katy responded with a crossclaim seeking to cancel the designer’s trademark. The singer argued that she had already established a strong reputation in Australia by 2008 and that the designer’s label would be “likely to deceive or cause confusion.”
In 2023, Katie sued the singer for breach of trademark laws and won, when the court ruled that the singer’s merchandise line had committed trademark infringement during her Prismatic World Tour in 2014 where they sold jackets, hoodies, T-shirts and sweatpants.
But the decision was overturned the following year. In 2024, three appeal judges unanimously sided with Katy and ordered that the designer’s trademark be removed from the register.
Katie then elevated the dispute to Australia’s High Court, which ultimately ruled in her favor.
Three of the five justices rejected the argument from Katy’s legal team that the singer had already built a significant reputation in Australia when the designer filed for the trademark in 2008. The judges said that reputation did not extend to clothing.
Judges also noted that most of the merchandise sold in Australia under Katy’s brand consisted of clothing, even though her trademark registration deliberately excluded clothes.
In a statement posted on the Katie Perry website, the designer said the decision carried a broader message for small businesses.
“I always believed that trade marks exist to protect businesses — whether they are small local brands or large global companies,” she said.
“This decision shows that even small Australian businesses can stand up for their rights.”
“This case has never just been about a name.”
“It has been about protecting small business in Australia, for standing up for what is right and showing that we all matter,” the designer concluded.
On Instagram, she also celebrated the High Court’s decision in what she called a “David & Goliath battle”.
“I simply wanted to build a fashion label under my own name. I’m incredibly proud of the business I’ve built here in Australia and deeply grateful for the support I’ve received along the way. This feels like a win not just for me but for small businesses everywhere,” she said.
Following the ruling, a spokesperson for Katy said the singer had never tried to shut down the designer's business. “Katy Perry has never sought to close down Ms. Taylor’s business or stop her selling clothes under the KATIE PERRY label.”
“Today, by a 3:2 decision, the high court determined that Ms. Taylor’s trademark can remain on the register. The court [also] sent the case back to the Full Federal Court to determine issues raised by Katy Perry, including Ms. Taylor’s 10-year delay in bringing her case against Katy Perry,” the spokesperson said.
Katy recently made headlines after posting a photograph of herself cuddling with Canada's former prime minister Justin Trudeau, confirming that they are dating. Around the same time when the Higher Court’s ruling was released earlier this week, the singer also shared more personal moments with Justin through her Instagram photo dump.