This is a tale of two women, two teenage dreams and one name.
Imagine building your entire business and discovering that the name is associated with a global sensation. This is what happened in the case of Katie Perry v Katy Perry. On one side, we have an international popstar, Grammy-nominated Katy Perry. On the other hand, an Australian designer, Katie Perry, faced with an unideal situation because her name was the same as a global pop star.
Who Is Katy Perry?
Born as Katheryn Elizabeth Hudson, Katy Perry is an American pop singer who rose to fame with her single “I Kissed a Girl” in 2008. Over the years, she has become a global pop icon, releasing albums like Teenage Dreams, Prism and Witness. Known for her vibrant choice of songs, Perry has made a mark in the music industry. With multiple awards, Super Bowl performances, and a Las Vegas residency, Katy Perry became more than just a singer—she became a brand.
Who Is Katie Perry?
While Katy Perry was making her name, in Australia, another Katie Perry was creating a name for herself in a completely different industry. As a fashion designer, Katie wanted to create an elegant and comfortable brand for women. In September 2008, Katie submitted a trademark application for her label, which was approved as a trademark in the Australian Official Journal of Trademarks in January 2009.
The Clash of Their Names – Katy vs Katie
In 2009, the designer faced opposition from the singer’s legal team when she tried trademarking her name. The opposition was filed with IP Australia by Fisher Adams Kelly. Katie posted a video on YouTube appealing directly to the singer about the opposition. Due to this, the singer and her legal team had to withdraw their opposition in July 2009.
Later, in 2019, Katie Perry initiated a legal action against Katy Perry for Trademark Infringement in Australia. She claimed that the singer knowingly used “Katy Perry” to sell clothing, despite her registered trademark “Katie Perry” in class 25 for clothing. In April 2023, the Federal Court of Australia ruled in favour of the designer, finding that the singer had infringed her trademark.
However, Katy Perry filed an appeal for the given decision. On 22 November 2024, the designer lost her case, and her trademark faced cancellation. The Court found that Katy Perry has been using her name as a trademark in good faith since 2008, predating the designer’s 2008 application for “Katie Perry.” The Court saw that in 2009, the singer had proposed a coexistence agreement, which the designer rejected. The designer was compelled to pay damages when the Court decided to cancel her trademark partly due to the rejection of the coexistence agreement. She said she was devastated by the decision and felt as though her hard work had been undone over the years.
Impact of Celebrity Name’s Brand On Small Business
In a similar case of Kylie Minogue vs Kylie Jenner, there was a conflict over name rights in branding, with the Court favouring the longstanding public figure over the newer claimant, which is similar to Katy Perry vs Katie Perry. In 2015, Kylie Jenner applied to trademark the name “Kylie” in the U.S. for her brand, but the Australian Singer, Kylie Minogue, opposed it by saying that she has been globally known by that name for decades. Minogue’s legal team cited the potential confusion and damage her brand could face due to this trademark. In 2017, The U.S. Patent and Trademark Office sided with Minogue’s established international presence and prior trademark and thus rejected Jenner’s application for trademark.
Such trademark suits between well-known artists and small businesses often highlight the challenge an entrepreneur faces when competing against celebrities’ brands. The Katy Perry and Kylie Minogue cases show how well-known personalities may utilize their influence to safeguard their brand identities. This frequently harms small businesses that have been operating under identical names.
Having a name that sounds like a celebrity may be both a boon and a bane for small businesses. The reason for trademarks to exist is that there is prevention of confusion among the consumer; these cases show how small businesses can be forced to spend time and money fighting for their legal rights. For small businesses, trademark disputes can often lead to financial ruin, rebranding or, in some cases, shutting down. Many of these entrepreneurs register in good faith, unaware that a celebrity can claim its rights later for a similar name.
The Power & Paradox of Names in The Digital Age
A name might be a collection of letters, but it carries power, recognition and, sometimes, controversy in the modern digital era.
For Katie Perry, the legal dispute was more than an issue of names; it was about her fighting for a place in the market space. She wanted to be present without being overshadowed by a global icon. This case is an excellent example of how names, brands, and one’s identity intersect when trademark matters are at hand.
Even if a small business wins, as in Katie Perry’s initial case, appeals and legal costs can be overwhelming. While protecting their brands, well-known artists sometimes unintentionally harm small businesses by monopolizing common names. This creates an imbalance where smaller entities struggle against global celebrities’ financial and legal power.
The concept of celebrity trademarks has become an issue which covers a broad spectrum and can affect the status of trademark applications of smaller businesses. Even if they were the first to use social media, a well-known brand could take over a lesser-known brand simply based on to their worldwide reach.
Author: Mahin Chichkar