‘Katie Perry’ Beats ‘Katy Perry’ in a David & Goliath Trademark Battle — ‘This is a Win For Small Business’

Katie Perry trademark battle Katy Perry
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Katie Perry trademark battle Katy Perry
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Photo Credit: Liam Mendes / CC by 2.0

Singer Katy Perry has lost a trademark lawsuit by Australian fashion designer Katie Perry. Katie Perry sued the pop star for allegedly infringing the designer’s trademark with her merchandise.

On Friday, April 28, Justice Brigitte Markovic ruled that clothing sold during Katy Perry’s 2014 Australian tour breached designer and small business owner Katie Perry’s trademark. Katy’s company Kitty Purry must pay damages to Katie, the amount of which will be determined in May.

The designer began selling clothes using the brand name Katie Perry, her birth name, in 2007 and registered it as a trademark in Australia the following year. The singer, who rose to fame with her 2008 album, One of the Boys, was ruled to have infringed the Katie Perry trademark by “promoting a jacket advertising her album Roar, ‘Cozy Little Christmas’ hoodies, T-shirts, sweatpants and scarves, on social media.”

The judge rejected further claims about sales in certain stores and merchandise for a 2018 tour. Justice Markovic also dismissed a motion by the singer-songwriter to cancel the Katie Perry trademark.

“Imagine my surprise when (lawyers representing the singer) 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,” writes the designer on her website. “A true case of David (vs) Goliath!”

“Not only have I fought for 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.”

“This is a tale of two women, two teenage dreams, and one name,” the judge wrote in her ruling. 

Markovic added that the Teenage Dream singer, born Katheryn Hudson, used the Katy Perry name “in good faith” and does not owe the designer personal compensation. However, Katy’s company Kitty Purry must pay damages to the designer, to be determined later in the month.