Overview
- Australia’s High Court ruled 3–2 that the designer’s registered ‘Katie Perry’ mark for clothing does not breach trademark law, reversing the 2024 appeals court order that had cancelled it.
- The majority held the mark was unlikely to deceive or harm Katy Perry’s reputation and found the singer had not established a relevant reputation in clothing by the 2008 filing date.
- Justice Simon Steward described the singer’s side as a “persistent or assiduous infringer,” citing sales of ‘Katy Perry’ tour merchandise in Australia despite awareness of the registered mark.
- Katy Perry has been ordered to pay the designer’s legal costs, with the exact amount to be determined by the Federal Court.
- The High Court remitted procedural issues, including arguments over the designer’s alleged delay in suing, back to the Full Federal Court, and evidence showed the singer’s team knew of the trademark in 2009.