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November 15, 2020

Sydney Morning Herald: Katy Perry in Legal Battle with Australian Fashion Designer Katie Perry

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Singer Katy Perry is embroiled in a dramatic legal battle with famous Australian fashion designer Katie Perry over an alleged trademark infringement following a sale of clothing items with identical names.

Months after welcoming her daughter, Katy Perry is facing a lawsuit over an alleged trademark infringement. According to Sydney Morning Herald, the “Hot ‘n’ Cold” crooner is being sued by famed Australian fashion designer, Katie Perry, for selling clothing that bears Katie’s stage name.

The designer, who is named Katie Jane Taylor, initially sells clothes in Australia under her maiden name, Katie Perry, which the fashion artist registered in 2008. The legal battle has been on since 2019.

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In the lawsuit, which was launched last year in October, the Sydney native claimed Katy in partnership with a company, Killer Queen LLC, infringed on her trademark with clothes that are “substantially identical with, or deceptively similar” to her brand.

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Amid the lawsuit, Katy’s lawyers have denied all claims of trademark infringement.

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Katie’s attorney, Richard Cobden SC, noted at a pre-court trial that a Katy Perry “ Special Edition X-Large Pizza Box kit features pizza slice necklaces, pencil case and pizza-themed pajamas is one of the products within the scope of the case. There is also a probability that the singer’s Cat-ear headbands might fall be a part of the case.

Cobden, however, did mention that other artist merchandise like Barbie dolls and coasters were excluded. According to him, the “ Roar” crooner won’t have to give evidence herself, and there won’t be a witness for cross-examination.

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Nonetheless, a Direct Management Group partner, Steven Jensen, is believed to be the principal witness for the case. His organization is reportedly the talent management agency for Katy.

Amid the lawsuit, Katy’s lawyers have denied all claims of trademark infringement, saying that although the singer’s brand might indeed be similar, the “American Idol” judge used her name in good faith.

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The singer’s attorney noted that Katy’s use of her name also protects Killer Queen as it is a defense under the Trade Marks Act. Not only did they shut down allegations, but they also filed a cross-claim, maintaining that Katy’s trademark came before Katie’s, so the latter’s brand is liable to be canceled.

The lawyers insisted that the 36-year-old singer built her reputation in Australia before the fashion designer registered a trademark because she took on the stage name, “Katy Perry” as far back as 2004. She merged the short form of her first name, Kathryn, and her mother’s maiden name.

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This isn’t the first time there has been a legal brawl between Katy and Katie. Back in 2009, the performer served the fashion designer a cease-and-desist order to stop her from trademarking her birth name for a clothing line. However, Katie refused to yield as she believed she was being bullied and wasn’t going to back down from using her maiden name.

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