Katy Perry Loses Legal Showdown Against Katie Perry

Photo Credit: Katy Perry by Eva Rinaldi / CC by 2.0

Pop star Katy Perry loses a long-running legal battle against a woman with a similar name over who gets to use the name for business purposes.

Pop star Katy Perry has lost a legal battle against another woman with a very similar name, ending their long-running showdown to determine who gets to use the name for business purposes. On Wednesday, Australia’s highest court ruled that Sydney-based fashion designer Katie Perry, who currently goes by her married name, Katie Taylor, can sell clothes under her own name.

The 41-year-old pop star, Katy Perry, was born Katheryn Elizabeth Hudson and began using her stage name around 2001. The 45-year-old fashion designer, however, was born with the name Katie Perry. Both women have been locked in a trademark battle since 2009, when the pop star was readying her “Hello Katy” tour’s Australian leg.

Katie Perry, having launched her clothing label of the same name two years prior, received a cease-and-desist letter from Katy Perry’s attorneys in 2009. Since then, both sides have tried to settle but were unable to reach an agreement. The pop star allegedly proposed a coexistence agreement, but the designer did not agree.

In the meantime, Katie Perry secured her trademark for clothing, while Katy Perry’s trademark was revised to cover only music and entertainment. However, in 2019, things escalated when the designer filed suit in Australia’s Federal Court, arguing that the pop star’s merchandise, which included clothing, hats, and footwear, violated her existing trademark rights.

Katie initially prevailed in her case, but the decision was overturned on appeal; the judge ruled that Katy’s fame was already greater than the designer’s at the time the trademark was filed, and it was reasonable for pop stars to sell branded merchandise. To make matters worse for the designer, the judge said her trademark should be cancelled altogether.

But on Wednesday, Australia’s High Court reversed that decision, ruling that cancelling the designer’s trademark was not justified. Further, they determined that the use of the “Katie Perry” name was unlikely to confuse or deceive consumers.

While it’s a win for the designer, the case was also sent back to the Full Federal Court to determine other issues raised by the pop star’s team, such as the designer’s 10-year delay in bringing her case.