Katy Perry was found by an Australian court to have infringed the trademark of a Sydney fashion designer who sold her products under the birth name “Katie Perry.” Katie Taylor alleged in a 2019 lawsuit that Katy Perry ignored the trademark when selling her clothing to Australian customers during her concerts in the country in 2014 and 2018, reported the Associated Press. “This is a tale of two women, two teenage dreams and one name,” Markovic said in her judgment.
“Katie Perry” has been Katie’s brand name since 2007, and she registered it on Sept. 29, 2008, according to her website. Katy, 38, born Katheryn Hudson, launched her music career in 2008 when she hit the top of the charts with her single “I Kissed a Girl.”
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“You may remember that in 2009 there was an attempt to shut me down by the US singer,” read a post from Katie’s website. “It failed and the opposition to my trade mark was withdrawn.”
According to a court filing issued Thursday, federal judge Brigitte Markovic found that Katy Perry’s company Kitty Purry infringed partially on Katie Taylor’s business, which sells clothes primarily online, by promoting her products on social media. Judge Markovic ruled that merchandise for the Grammy nominee’s Prism album and holiday single called “Cozy Little Christmas” and apparel she sold during her 2014 Australian tour infringed on the trademark, according to the BBC.
Though the judge ruled Katy is not liable for compensating the designer due to her use of the name in “good faith,” her Kitty Purry company must provide the designer with financial compensation for damages which will be determined next month, PEOPLE reported. Moreover, Judge Markovic dismissed claims that Katy’s other outlets for selling merchandise, including her 2018 tour, violated the trademark. She also rejected the singer’s request to cancel the designer’s trademark, per BBC.
In Katie’s words, the ruling was a “David versus Goliath victory” for small businesses. “Not only have I fought myself, but I fought for small businesses in this country, many of them started by women, who can find themselves up against overseas entities who have much more financial power than we do,” she wrote in a blog post. Katie claimed on her website that at the time of trademark registration, she had “no knowledge of the singer.”
“Imagine my surprise when one of the reactions I received was a letter from lawyers representing the US singer Katy Perry,” she said. “They stated that I should immediately stop trading under this name, withdraw all my clothes, and sign a document drafted by them to say that from then on, I will never trade under this name ever again. A true case of David vs Goliath! I felt bullied, insulted, and surprised.”
Katie added, “We matter, Australian laws matter, and most importantly in the face of a bully it is important to stand up for yourself.”