An order by an Australian court finding that pop star Katy Perry had infringed a businessman’s trademark has been recently overturned. This decision ushers in the next round of a legal fight between American musician Eminem and Australian swimwear label Swim Shady. Eminem, whose given name is Marshall B. Mathers III, has sued Swim Shady. He says that the brand’s name is too similar to his own trademarked stage name, Slim Shady.
Now, the legal offensive comes after Eminem’s attorneys sent a cease and desist letter after Swim Shady’s founders allegedly established a “false association” with the legendary Emcee. The Sydney-based company, which formally registered its business name in September 2023, had initially released its product to market under the name Slim Shade. Eminem’s legal team claims this name change aims to capitalize on the rapper’s fame and influence in the music industry.
Eminem made his move in September, filing a notice of opposition with the U.S. Patents and Trademark Office. He wanted to proactively challenge a trademark that had been issued to Swim Shady. This trademark disagreement is only the latest installment in the continuing celebrity-related trademark saga. The previous U.S. trademark case involving singer Katy Perry and Australian designer Katie Perry highlights this new normal. The lawsuit, filed in 2019, Katie Perry claimed the singer engaged in trademark infringement by selling merchandise on her 2014 Australian tour. She compared their experience to a “David and Goliath” battle.
Swim Shady’s legal representation, Meyer West IP, has until next week to respond to Eminem’s petition as mandated by U.S. law. As a result, the outcome of this case could play a hugely consequential role for the plaintiffs and defendants alike. If Eminem wins, that will lead to the cancellation of Swim Shady’s trademark, and they may be forced out of the market.
Eminem attained commercial success overnight in 2000 with his breakthrough song “The Real Slim Shady.” That song went on to win him a Grammy Award for Best Rap Solo Performance. Cultural appropriation aside, the rapper’s legacy as a cultural icon sets him squarely at the epicenter of this latest trademark battle. He’s willing to go to extreme lengths to defend his brand from any and all perceived copyright encroachment.