Call it the battle of the Perrys. Katy Perry, the singer, is being sued by Katie Perry, the designer.
Katy is being sued by Australian designer Katie Jane Taylor, who sells clothing under her maiden name, Katie Perry. She launched a suit against Katy a little over a year ago, accusing the American Idol judge of trademark infringement, according to the Sydney Morning Herald.
The “Smile” singer, who was born Katheryn Elizabeth Hudson, adopted her stage name in 2004, using a combination of “the short form of her first name and her mother’s maiden name,” according to the judge.
The Australian designer’s attorney, Richard Cobden, SC, told the court at a pre-trial hearing on Thursday that artists’ merchandise typically covered “a broad range of goods” such as “coasters and Barbie dolls”, which were outside the scope of this case.
However, he identified a range of goods likely to be at least partially within the scope of this case, including a Katy Perry “Special Edition X-Large Pizza Box Kit” including pizza-themed pajamas, pizza slice necklaces and a pencil case, as well as potentially cat ears.
Katy’s lawyers admit the Katy Perry brand is “deceptively similar” to the Australian designer’s trademark, but deny infringement, claiming the performer used her name “in good faith, a defense under the Trade Marks Act” and the defense also covering the company Killer Queen.
Katy, the singer, has filed a countersuit alleging the Katie Perry trademark is liable to be cancelled because Katy Perry had already acquired a reputation in Australia before the registration of Katie Perry’s trademark.
The parties are now set to return to court at a later date.
Copyright © 2020, ABC Audio. All rights reserved.