Pop star Katy Perry infringed on the trademark of the designer behind the Katie Perry brand, an Australian judge ruled on Thursday.
“This is a tale of two women, two teenage dreams and one name," Justice Brigitte Markovic of the Federal Court of Australia wrote in her judgment.
Katie Taylor, who has sold clothing branded with her maiden name Katie Perry since 2006, sued Katy Perry, whose real name is Katheryn Hudson, in 2019. She alleged that the singer’s company Killer Queen LLC sold apparel with a name that was "substantially identical with, or deceptively similar to" a trademark she has owned since 2008.
Markovic ruled that Hudson infringed on the trademark on social media ahead of the Australian leg of her 2014 Prism tour but did so in “good faith” (a valid defence under Australian law) and would not be required to compensate Taylor.
Hudson’s company is, however, liable for damages because it sold clothing during the tour and at pop-up stores. The amount will be determined at a later date.
The judge dismissed Hudson’s motion to cancel Taylor’s trademark.
Reacting to the ruling on Facebook, Taylor called it a “David and Goliath case.” She wrote: “I resisted an attack on me and the trade mark.”
Taylor said she felt “bullied, insulted and surprised” when Katy Perry’s reps sought to block her trademark application in 2009. (They later withdrew their objection.) “Instead of giving in, I decided to fight against this injustice,” she said.
“This is a win for small business. We matter, Australian laws matter and most importantly in the face of a bully it is important to stand up for yourself.”