Update, 1 June 2026: The 2024 decision described below is no longer the end of this case. Stage by stage: in September 2008 the designer, Katie Taylor, applied to register KATIE PERRY for clothing in Australia, and it was registered in July 2009. In April 2023 the Federal Court found that companies behind the singer’s merchandise had infringed that mark. In November 2024 the Full Federal Court ordered the mark to be cancelled, which is the ruling this article covers. On 11 March 2026 the High Court of Australia overturned that order by a 3 to 2 majority (Taylor v Killer Queen LLC [2026] HCA 5), so the designer’s registration stands.
The majority found that when the designer filed in 2008, the singer’s reputation in Australia was in music and entertainment, not clothing, and there was no evidence of anyone being confused in around ten years of the two names trading side by side. Fame in one field does not automatically carry into another. The case has gone back to the Full Federal Court to decide remedies, damages and costs.
The trademark world was abuzz with the story of Katie Perry versus Katy Perry—a battle between the Australian fashion designer and the globally famous pop star. At the time, Katie Perry the designer had emerged victorious in protecting her trademark against Katy Perry the singer, who had attempted to sell branded merchandise during her tour in Australia.
But the tables have turned.
A recent court decision has overturned the earlier ruling, allowing Katy Perry the singer exclusive rights to trade clothing under her name in the UK. So, what went wrong for the designer?
Let’s break it down.
The Background
Katie Perry the designer had built her fashion brand in Australia, registering her name as a trademark and successfully defending it against the pop star’s merchandising efforts. The court initially ruled in her favour, upholding her rights and preventing Katy Perry the singer from using the name in the same space.
At the time, this was hailed as a win for small business owners and a reminder of the power of trademarks.
Read our previous news article to know more about – Katy Perry’s Trademark Showdown with an Australian Designer
The Update: A Dramatic Reversal
Fast forward to today, and the story has taken a surprising twist. A key piece of information came to light during the appeals process: Katie Perry the designer only registered her trademark after becoming aware of Katy Perry the singer’s fame.
This revelation led the courts to overturn the previous decision. It was determined that the designer’s trademark registration was not made with the sole intention of protecting her brand but rather as a reactive move to block Katy Perry the singer from entering the market.
What Could Have Been: The Coexistence Agreement
Before this latest decision, there was an offer for a coexistence agreement, which would have allowed both parties to continue using the name under certain conditions. However, Katie Perry the designer declined the offer—a move she may now regret.
Had she accepted, her brand would have remained protected, and both parties could have traded peacefully. Instead, the court’s decision leaves the designer without exclusive rights to her name in the UK, a harsh blow for someone who had initially won the battle.
Lessons for Business Owners
This case highlights a critical point for any business owner: timing is everything when it comes to trademarks.
If Katie Perry the designer had registered her trademark the day she started trading, she would have been in a much stronger position. Instead, the timing of her registration raised questions about her intentions, ultimately undermining her claim.
Here’s what we can all learn from this case:
- Register Early: Don’t wait for someone else’s actions to prompt you to protect your brand. Secure your trademark as soon as you start trading or even before.
- Think Long-Term: A trademark is more than just a legal tool; it’s a safeguard for your brand’s reputation and growth. Protecting it early prevents costly battles down the road.
- Be Open to Solutions: Coexistence agreements can be a practical way to resolve disputes without lengthy legal battles. Don’t dismiss them without careful consideration.
Protecting Your Brand
The Katy Perry trademark case may involve a pop star, but the lessons apply to businesses of all sizes. Trademarks are essential for protecting your brand, maintaining your reputation, and ensuring that you—not someone else—control your name.
At The Trademark Helpline, we help businesses like yours avoid the pitfalls seen in this case. From registering your trademark to monitoring for infringements and enforcing your rights, our team has the expertise to protect your brand long-term.
Get Started Today
Don’t wait until it’s too late. Schedule a free 15-minute consultation with one of our Manchester-based trademark experts, and we’ll show you how to secure your brand’s future.
Call us at 01618335400 or visit our website to book your consultation. Protect your hard work, your reputation, and your name—because your brand deserves it.
