An independent Australian fashion designer has launched legal action against US singer Katy Perry for alleged breach of trademark, in what the designer has called “a real David and Goliath fight”.
Sydney-based designer Katie Taylor, who was born Katie Perry and sells her garments under the brand name Katie Perry, issued a statement announcing that she had launched action against the famous pop singer for violating a long-established trademark.
According to the designer’s website, the garments are “100 per cent made in Australia” and have been “from our beginnings over 11 years ago”.
The full statement reads as follows:
Australian fashion designer, Katie Taylor, born Katie Perry, has launched litigation proceedings against singer, Katy Perry for trade mark infringement.
The singer was aware of the trademark held by the designer in Australia and tried to bully her to give it up in 2009, with the singer attempting to initiate opposition proceedings against the designer, ultimately unsuccessfully. Lawyers for the singer made threats against the Australian designer, threatening to sue her, which would have put her out of business.
The singer has since ignored the designer’s Australian trade mark rights, placing herself above the law in Australia. The singer has sold clothes under the brand Katy Perry as well as other infringing articles, which have also been sold in Target, Myer and online across a variety of sites.
Katie Taylor established her fashion label in late 2006 to meet the growing need for women’s wear that mixes style with comfort and luxurious style. Since 29 Sep 2008, she has held the trade mark registration for Katie Perry-branded clothes in Australia.
Up until now, the designer, a mother of two young children, did not have the financial resources to take on the pop star by commencing expensive legal proceedings. It is only through the support of LCM (Litigation Capital Management Limited), a global litigation funder, that she is now able to take this action.
“This is a real David and Goliath fight,” Ms Taylor said. “The singer has ignored my trade mark and continued to sell infringing goods unlawfully in Australia.
“I am fighting not just for myself, but for all small businesses in this country who can be bullied by these overseas entities who have much more financial power than we do.”
IP Australia lists a registered trademark for “Katie Perry” as being filed on 29 September 2008 and having been accepted on 16 December of that year. It is not due for renewal until 29 September 2028.
More information has been sought from the Australian designer.
Singer Katy Perry’s management in Australia have also been approached for comment.
Adam Zuchetti is the editor of My Business, and has steered the publication’s editorial direction since early 2016.