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Not the news I had wanted to share

November 22 2024 – Katie Perry

Not the news I had wanted to share
Not the news I had wanted to share

This week the appeal verdict was handed down and it has been devastating .

 So it’s been a whirlwind few days...

As you can imagine I am devastated with the outcome of the case. I won my case at first instance and to have it overturned on appeal is heartbreaking.
This case proves a trademark isn’t worth the paper it’s printed on.
 

Back in April 2023 the Federal Court of Australia published its decision in which I WON the biggest battle of my business career, the “David and Goliath case” - my legal action against the singer, Katy Perry, and her companies, for infringing my Katie Perry trade mark in Australia – which I’ve held since 29th September 2008. 

We established infringement and the cross claim was dismissed. Then only a few weeks later, the singer appealed the verdict! 

You may remember that in 2009 there was an attempt to shut me down by the US singer. It failed and the opposition to my trade mark was withdrawn.

But while the singer eventually gave up trying to prevent my Australian trade mark from being registered, once registered, she chose to simply disregard it. Singer Katy Perry clothing  was sold to Australian customers during Katy Perry performance tours over here, and through retail channels, including  via websites. The singer has continued to ignore my trade mark and one of her companies continues to sell infringing goods unlawfully in Australia.

When this all started back in 2009, I had been designing and manufacturing clothes in Australia under the name I was born with, Katie Perry, which I applied to register as a trade mark for my business – a logical next step. I had no knowledge of the singer at the time.

Imagine my surprise when one of the reactions I received was a letter from lawyers representing the US singer, Katy Perry.  They stated that I should immediately stop trading under this name, withdraw all my clothes and sign a document drafted by them to say that from then on I will never trade under this name ever again.

A true case of David vs Goliath!  I felt bullied, insulted and surprised.

Instead of giving in, I decided to fight against this injustice. I established my fashion label for loungewear that focuses on sustainability and local production. I was really busy working hard to establish my brand.

As a mother of two young children, and having only a small business, I did not have the financial resources for expensive legal proceedings. With the support of LCM (Litigation Capital Management Limited), a global litigation funder, however, it became possible for me to take action against the singer and her companies.

I withstood a brutal cross examination in the Federal Court in 2021.

Over the past few years, including whilst battling it out in court, I have been bullied and trolled. My friends and family have been trolled.

I have had to bear hearing disparaging comments being made about me, by the singer, as I sat in court with tears in my eyes.

 I started my fashion label in 2006 and like so many designers used MY OWN name.I filed a trademark when I first started the my business  without any thoughts about a singer. Like many small businesses, I did this as one of the steps in setting up a business in Australia. Steps that the Australian government suggests- Get an ABN, register a business name, and get a trademark.
TICK, TICK AND TICK 
 
I always believed that a trademark was there to protect all businesses, small and big but the verdict on Friday says otherwise.
 
In 2009 the singer opposed my trademark and then 2 hours before court withdrew. After that time, I never heard from her or her team and there was no 
co-existence offer!  As far as I was  concerned she was a singer and not a fashion designer.
A reminder that the singers real name is Katheryn Elizabeth Hudson. So now I can’t use the name on my birth certificate !!
 
 
My fashion label has been a dream of mine since I was 11 years old and now that dream that I have worked so hard for, since 2006,  has been taken away .
100% Australian owned , I manufacture my brand in Sydney and pay taxes to Australia. Once again overseas businesses seem to have special preference to Australian businesses.

 

In 28 days, well actually now its 23 days,  my trademark will be cancelled .
I will take some time to digest the decision and work out my next steps with my legal team.

To read an overview of the case so far click here

Thankyou to everyone for the messages of support , for all the orders that have been flooding in. I don’t feel so alone in my outrage.

 

33 comments

  • Beryl Parker: November 29, 2024
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    Just saw your story on TV – it is unbelievable that you could have been ruled against! I do hope that there is the opportunity to fight back. I will subscribe to your newsletter to keep up with your battle. Stay strong – you have achieved so much and it shouldn’t be taken from you.

  • Suzanne Gibson: November 29, 2024
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    Keep fighting !

  • D: November 29, 2024
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    Keep going!
    The verdict is unfair

  • Peta: November 29, 2024
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    I’m so incredibly sorry to hear this. You have done everything right :(..this is just so unjust! Good luck in fighting this!

  • Vicki: November 29, 2024
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    Im so sorry you should not have gone through this. Head up high my love and cant wait for the rebranding can you call it KP?

    All the best and Im about to buy some of your clothing now my love. xx

  • Peter Emmerson: November 29, 2024
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    This is wrong, I only saw your story last night 23/11/2024.
    I subsequently researched everything I could find about the case and Katheryn Elizabeth Hudson (Stage Name: Katy Perry).
    You have to apply to the High Court of Australia to get true justice not just for yourself but other Australians. It will be tough and I will do what i do best in the background to support you, Good Luck.

    Peter

  • Peter Emmerson: November 29, 2024
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    This is wrong, I only saw your story last night 23/11/2024.
    I subsequently researched everything I could find about the case and Katheryn Elizabeth Hudson (Stage Name: Katy Perry).
    You have to apply to the High Court of Australia to get true justice not just for yourself but other Australians. It will be tough and I will do what i do best in the background to support you, Good Luck.

    Peter

  • DoesntMatter: November 29, 2024
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    Stay strong. Not sure how they can trademark your own legal name. That has to he against some kind of common sense law. It’s your birth name unlike “Katy Perry”. Keep appealing it. You got this.

  • Terry Lynn Wiechert: November 29, 2024
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    I have been following you since this began. Kathering Elizabeth Hudson is a entitled elitist bitch who flexes her muscles against hard working, normal people. If your name is on a birth certificate, then this is your name and Katherine Hudson should have no say so. I wish I could support you more, however, this over the hill American will keep spreading the word

  • Sandy Hilder: November 29, 2024
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    I am truly sorry and upset by this decision Katie, it is not right! Your brand is your name as opposed to the singer of the same name. Wishing you luck with whatever options are open to you.

  • LEE: November 29, 2024
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    Hi Katie, I was devastated for you when I watched ACA last night. I sent the following to the Daily Telegraph’s Letters to the Editor, just to get this off my chest, I was so angry. I hope they print it.
    Kind regards Lee.

    I used to like Katheryn Elizabeth Hudson (aka Katy Perry), until I watched A Current Affair last night. What a piece of work she is.

    We in Australia have a lovely young mother, Katie Perry, yes, her Real Name. She started a clothing business in 2007, long before Hudson took on the pseudonym Katy Perry and started singing to the world. Apparently Hudson found out that the real Katie Perry had a business with this name, so took it upon herself to take her to court for using “her” name for the business. I don’t know all the details, but the crux of the matter is, she with all her millions, won, so now Our Katie Perry has to close down her business, which she has been running for 17 years, all legally done with ABN, Business Name Registration etc., because this rich multi millionaire, who really can’t sing very well, decided she didn’t want her name, which it isn’t and even spelt differently, on this clothing. Apparently very nasty emails were received by Katie also.

    I sincerely wish and hope that our Katie Perry takes this to the Supreme Court, and maybe there’s a really nice lawyer out there who might do a pro bono for her, I am scratching my head as to why a judgement can go against this lovely young woman, when she did everything right and legally, long before this Hudson started singing, yet they have decided she has the right to end it all for our lovely young Aussie mum.

    And I’m with Ally Langdon, I will not listen to any of her music again.

    Lee
    Gosford

  • Michelle: November 29, 2024
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    Sad to hear,

    All you can do now is to live and let live!

  • Phill: November 29, 2024
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    Like many others I hate it when bullies win, so grab hold of this and use it to your advantage.
    Why not use “Just Katie” or “Perry” as your brand now?
    Whatever you do get on social media and link whatever new name in all the stories.

    I wish you all the best!

  • Peter: November 29, 2024
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    Hi Katie,
    After seeing the outcome of the decision on A Current Affair last night, I was thoroughly disgusted with our legal system and it’s lack of teeth.
    As you said, Trademarks are now questionable as to their validity in the local and international community.
    It beggars belief that Katy Perry won this case when the facts ae clearly in your favour. I sincerely hope that some generous entity helps you fight this injustice and be able to assist you in takin it to the High Court of Australia.
    All the best .

  • Tanya: November 29, 2024
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    I am saddened to hear this news for you as well. Not everyone in the U.S. is a fan of Katy Perry! I am just a single mom, but would love to support your brand, so I will be making a purchase to show my support.
    Good luck to you in whatever you choose to do to push against the “giants” that seem to win all to often.

  • Dan: November 29, 2024
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    you’ll always be the katy perry i think of when i hear that name regardless of the court case

  • Trenn Sayer: November 29, 2024
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    Hi Katie, I had not heard of you or your business till today but you must fight on, please reflect on the words you are using “devasted” and “heartbreaking” are words you may have been asked to use to gain sympathy but if you are true to the background of what you started I think you say I am fighting on my name is my name, and your business based on you name should not be eroded in any court. I really want to help you and will offer my time to lobby or support whatever efforts you take on next. I have no political affiliations other than my one vote in Australian life.

  • Tanya: November 29, 2024
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    I believe you were in the right. It is your given name not that other nasty unreasonable female. She wasn’t even born with that name.
    Where is the Australian justice…..apparently not with an Australian with the birth name of Katie Perry that has built up a business and trying to teach her children right from wrong.
    Well, l believe that American woman needs to people need to boycott her. I know l will.

    . BEST OF LUCK KATIE PERRY. I DO HOPE YOU GET MANY DONATIONS TO HELP FIGHT FOR YOUR RIGHT TO USE YOUR OWN GIVEN BIRTH NAME.
    It isn’t fair. Australia is justice is very weak.

  • Amy: November 29, 2024
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    Please start a GoFundMe page to support funding for the high courts. Or even, rename your brand Katheryn Elizabeth Hudson. 😀

  • Brian Parker: November 29, 2024
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    Hang in there. The legal system in this country has nothing to do with justice for individuals and businesses alike. I am a pensioner and was not aware of your label until this court case but now I feel for you and the business you have worked so hard for. I may not be able to do much to support your business but I can certainly suggest to my family and friends that they NOT support the “other” Katy Perry. Good luck with whatever you decide to do.

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