Pop idol Katy Perry vs. Australian designer Katie Perry: the full story
Katie Perry or Katy Perry, how do you spell it again?
Yes, the names are really similar. On one side we have global pop star Katy Perry, who rose to international fame in 2008 with her hit single I Kissed A Girl. Born as Katy Hudson, she started using her stage name Katy Perry during her rise to fame, to avoid confusion with actress Kate Hudson.
On the other side is Katie Perry, an Australian fashion designer based in Sydney, who designs and sells her own clothing line. In September 2008, she registered KATY PERRY as a trademark in Australia.
A pop icon and a fashion label sharing nearly identical names—could that go smoothly? According to Katie Perry, the designer, it did not. In 2014, she filed a lawsuit when Katy Perry sold merchandise bearing her stage name during an Australian tour. Katie claimed this infringed on her registered trademark. What followed was a long legal battle over whether infringement had occurred and whether Katie’s trademark was valid.
In April 2023, the Federal Court of Australia (at first instance) ruled in Katie’s favour: Katy Perry had indeed infringed Katie Perry’s trademark by selling merchandise in Australia between 2013 and 2015. The court also upheld the validity of Katie’s trademark.
But Katy Perry appealed—and in November 2024, the Full Court reversed that decision. The court found that Katy Perry had used her stage name in Australia as early as 2003 and had even offered a coexistence agreement to Katie Perry back in 2009. The judges concluded that Katy’s name recognition was so strong that confusion between the two names was inevitable. As a result, Katie Perry’s trademark was declared invalid and struck from the register.
Katie Perry, the designer, didn’t give up. In April 2025, Australia’s High Court granted her special leave to appeal the invalidation of her trademark. The hearing took place in May 2025, and a final decision from the High Court is still pending. To be continued!
Author: Erik Stegeman
Bio: Erik Stegeman is a trademark attorney and specialist in trademark protection for bands, DJs and artists. His client portfolio includes many famous DJ’s like Charlotte de Witte, Swedish House Maffia and Tiësto. He writes a lot about music trademark infringements. And if you are lucky, he will give you hints on the latest band and DJ’s.