by Williametta Garnett
American pop star Katy Perry is being sued by an Australian fashion designer for trademark infringement for selling merchandise in Australia bearing her stage name, Katy Perry.
Australian designer, Katie Taylor sells her clothing under her maiden name Katie Perry. In October Katie launched Federal Court proceedings against Katy Perry, claiming the singer and a related company, Killer Queen LLC, is infringing her trademark, which she registered in Australia in 2008.
Lawyers for Katy Perry admit that the “Katy Perry” brand is “deceptively similar” to the Australian designer’s trademark, but deny infringement, saying the pop star used her name in good faith, a defense under the Trade Marks Act, and the defense covering the company Killer Queen.
They also alleged that the designer’s use of her trademark amounts to misleading or deceptive conduct and unlawful passing because consumers might believe “Katy” is associated with the Australian designer’s clothing.
The parties are still in dispute and set to return to court at a later date.