An Australian fashion label has been saved from one of the country’s most unusual trademark disputes, with designer Katie Perry successfully defending her clothing brand against global pop star Katy Perry in the High Court.
In a majority decision handed down on Wednesday, the court ruled that the designer’s ‘Katie Perry’ trademark can remain on the register, effectively restoring the brand after years of legal uncertainty.
The case has stretched across multiple courts and more than a decade, but the final outcome is clear: the label has survived a legal challenge from one of the world’s most recognisable pop brands.
The dispute began after the US singer, whose birth name is Kathryn Hudson, rose to global fame and began selling branded merchandise, including clothing, during tours in Australia. The designer argued that those products infringed the trademark attached to her fashion label.
She first brought the case back to court in 2019, claiming the sale of clothing, shoes and headwear under the pop star’s name breached her trademark rights.
While the designer initially won in the Federal Court, the decision was overturned on appeal in 2024, with the court cancelling the trademark entirely—a move that threatened the very foundation of the fashion label.
The High Court has now reversed that outcome, allowing the trademark to stand and handing the designer a decisive brand victory.
Central to the court’s reasoning was the strength of the singer’s existing reputation. Judges found the global fame of the pop star meant consumers were unlikely to assume the designer’s clothing label was connected to the artist, making confusion in the market improbable.
That reasoning ultimately worked in the designer’s favour: the pop star’s powerful brand recognition meant the smaller Australian fashion brand could coexist without misleading consumers.
For Katie Perry – who has adopted her husband’s surname Taylor – the ruling effectively restores legal protection for the brand she built under her birth name.
The case also underscores how brand equity and consumer perception shape trademark disputes, particularly when celebrity brands expand into merchandise categories like fashion.
B&T has heard from three of Australia’s brand reputation experts to unpack what the ruling means for smaller brands navigating trademark protection – particularly when disputes arise with global celebrities or major corporations.
Brand and reputation expert and director at Monale, Mariam Rehman, said for small businesses, “this is really encouraging news and a great lesson”.
“If you register your trademark and consistently use your brand, you’ll have a legitimate claim to defend it.”
“Even when the opponent is a global name.”
Brand marketing leader and global head of brand for Koh, Siobhan Spark told B&T the win is “a real David and Goliath moment”.
“For small businesses, the name often is the brand and a huge global entity wouldn’t feel the loss in the same way.”
“Brand strength comes from distinctiveness, but protecting smaller brands when they existed first matters. Otherwise they risk losing everything they’ve built.
“And the greatest irony of all is that neither of them are actually called Katy Perry.”
Brand and marketing consultant, Francesca De Michele, described the ruling as “a landmark moment for small business owners in Australia”.
“For too long, the assumption has been that brand protection is a game only big players can win and that if you’re a solo designer or a startup, you simply can’t afford to fight back. Katie Taylor’s persistence over nearly two decades proves otherwise,” she told B&T.
From a brand perspective, what makes this case so significant is that she trademarked her name first (her own birth name) before Katy Perry had even broken through in Australia. The integrity of the trademark system DEPENDS on protecting that kind of legitimate, prior use, regardless of how famous the competing party becomes.”
She said the key takeaway for small businesses is to “register your trademarks early, protect your brand identity, and don’t assume that size or resources determine who’s in the right.”
While the High Court has sent some remaining legal issues back to the Full Federal Court to consider, the central question around the trademark itself has been resolved.
After years of legal back-and-forth, the ‘Katie Perry’ label remains a protected fashion brand in Australia.
