Australian fashion designer Katie Jane Taylor (née Katie Jane Perrie) first applied her fashion brand name KATIE PERRY under the Trade Marks Act 1995 (Cth) for clothing goods in 2008, shortly before the career of American pop star singer Katy Perry (née Hudson) exploded to global stardom.
In 2009, on occasion of her world tour coming to Australia, the American singer looked to register the name KATY PERRY in two classes but not clothing. Since then, the two have been in dispute over who gets to use the name in Australia, with lawyers representing the singer stating that the Australian designer’s brand risks confusing the fans of the singer, and the designer claiming the singer had infringed on her copyright.
In 2019, Taylor took the issue to Federal Court, which ruled in her favour, but the singer successfully appealed against the decision in the Full Court. It agreed that the proximity of the name and the singer’s reputation could deceive or cause confusion, and that the designer’s trademark was liable to cancelation.
Taylor appealed to the High Court, contesting that Hudson’s brand, while famous, had not acquired reputation in clothing before Taylor had applied for her trademark. In their statement, Justice Michelle Gordon and Justice Robert Beech-Jones disagreed with the Full Court’s statement of “likelihood of deception and confusion”, stating that “[t]here must be a real, tangible danger of deception or confusion – a mere possibility of deception or confusion is insufficient.”
In her statement, Justice Jayne Jagot agreed with the primary judge’s decision and considered the Full Cout had erred when it considered there were grounds to cancel or rectify the Designer’s Mark.
In a statement on her Instagram page, Taylor celebrated the High Court’s decision in what she called a “David & Goliath battle”. “I’m incredibly proud of the business I’ve built here in Australia and deeply grateful for the support I’ve received along the way,” Taylor said. “This feels like a win not just for me but for small businesses everywhere.”
Image: Katy Perry performs during a concert at Scotiabank Arena, Tuesday, Aug. 5, 2025, in Toronto. (Chris Young/The Canadian Press via AP, File)