Overview
- The Registrar of Trade Marks ruled on July 4 that Eminem’s “Shady” and “Shady Limited” marks had not been used in Australia for several merchandise categories.
- As a result, trademark protection for clothing, footwear, bags and leather goods will be removed in Australia from August 1.
- Eminem keeps trademark rights in other categories such as music and electronics despite the ruling.
- Eminem’s team has until July 22 to lodge an appeal and separate opposition proceedings continue in the United States, the United Kingdom and Japan.
- The decision hinged on territorial use rules that require demonstrable commercial use in each claimed category and could shape how celebrity-owned marks are enforced against small local brands.