Katie Perry is processing Katy Perry

The case between the two Perry can open a precedent, leaving some Australian companies vulnerable to foreign brands. The case opposes two brands and two courts – the Australian Supreme and a court of appeal capable of “guessing the future.”

One is an international pop star that has just. The other is a clothing designer. An Australian court will decide who can claim its name.

Katie Perryan Australian designer with a mark of homonymous fashion, for years that claims that Katheryn Hudsonthe international superstrela known in most of the world as Katy Perry, is infringing her registered brand.

Your case has been through the Australian courts for more than five years, with mixed results, says the. The designer won in 2023but last year, a court of appeal reversed the decisionit seems that the issue would be closed.

Now, the Supreme Court of Australiathe highest judicial instance in the country is reanalizing the action, which suggests that the Court of Appeal may have been based on a wrong premise on fame – which can threaten the Australian brands.

“This is a story of Two women, two teenager dreams and a name“An Australian judge said in 2023. But the case has more vast implications and raises questions about reputation and the many forms for celebrities to make money.

The question between the two perrys emerged around 2009a year after the American singer released her First Success Single“I Kissed a Girl”.

Representatives of the pop star say they contacted the Australian designer at the time to propose an agreement on the use of your nicknames similar and that she refused. The Australian says she has never received a proposal.

Katie Perry, a stylist, supports that launched your brand in 2006started working in it in full time in 2007, asked for one of its brands in 2008 and registered it in 2009. According to the designer, all before the American singer became famous in Australia.

A decade later, Katie Perry processou Katy Perryclaiming that the clothing sales in one of the singer’s digressions by Australia they infricated that of the designer.

To stylist won your first process. A judge considered the American celebrity had no reputation in the clothing sector When the Australian requested the brand registration.

This means that The star had no right to your stage name with regard to clothingand the judge considered that some articles sold in his Australian tour had infringed the designer mark.

But last year, A Court of Appeal annulled the decision – And in a surprising turnaround, It was further: Australian judges added that Katie Perry’s registered brand should never have been granted and ordered the cancellation of the designer brand.

According to the judges of the Court of Appeal, The pop star already had a reputation when the designer asked for her registered brand, which probably made the celebrity expand to merchandising and that the Australian brand could confuse the consumers.

In deciding to review the case again, the Supreme Court expressed its concern that apparently innocuous decision of the Court of Appeal, in fact, have Created a worrying precedent.

Which stems from the logic of the appeal court “It’s much more significant of what seems to have been appreciated, ”said the judge last week Jayne jagot in one of the Australian Supreme Court.

The judge and his colleagues granted the designer’s request to submit an appealsomething that, according to experts, only do in about 10% of cases that are presented to them.

The judges questioned the logic of the appeal courtsuggesting that it had been based on a potentially problematic assumption that artists would naturally expand its marks.

According to the judges of the Supreme, the breadth of the application of the decision of the Court of Appeal and its approach implies the ability to predict the future -An implicit assessment that the star’s mark would continue to succeed, expand, and be unable to be indefinitely, which would have been difficult to determine.

In its deliberations, the Supreme Court will now have to decide exactly why Katy Perry was famous around 2008, and if it is important to know if the pop star I had a reputation in clothing or if it was just known. The decision will determine how similar cases are litigated and decided.