Not the news I had wanted to share
November 22 2024 – Katie Perry
This week the appeal verdict was handed down and it has been devastating .
So it’s been a whirlwind few days...
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 It failed and the opposition to my trade mark was withdrawn.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.
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
Good evening Katie,
I am devastated for you and with you to hear that the Australian legal system is apparently not capable of protecting an Australian citizen who has proudly designed, produced, supported and promoted an Australian product, and small business. It appears that our government does not have the same level of courage and conviction that you have demonstrated in your fight.
I would like to see our government ban entry to our country and products distributed by an imposter using your name,
Please advise if there is any way fellow Aussies can help. Your dignity, professionalism, commitment to your family, country and business is inspiring.
So sorry to see this on tonight’s ACA. Your point is valid, what is a trademark worth??? I wish you the best of luck.
Hi Katie, have you considered contacting Donald Trump, he may be sympathetic to your fight against the establishment and celebrity power.
Hi Katie,
So sorry to hear the news…
Hopefully the Australian government can reach into their pockets and give you a helping hand with your legal fees.
This is so unfair.
It’s sad that you have been receiving troll messages. Try not to listen to the KEYBOARD
People,Keep your head high, know you have done your family and your business proud fighting for what’s right!!!!
Wishing you all the very best 😀
I support your fight (Australian) Katie Perry, to have our legal system throw you under the bus today shows how vulnerable we all are.
Some people will never enough money. Shame on her for appealing, just a money hungry shill
Keep your chin up!
This is bad news.
But you should feel proud of all you have achieved.
What it got to do with USA trademarks and Australia trademarks ?
I think the system is wrong and I think we should ask our federal government for banning overseas trademarks to block our trademarks in Australia.
I don’t know how you are going to fight again at high courts in Australia.
I would suggest that Australian should ban her coming in our backyard for her promotion etc.
and again, I am very sorry that you losses but don’t give up.
Cheers
We just watched the interview on a current affair & this outcome is so shocking. Keep going. 🤗
Go fund me so many people will fight to help you. Aussies need to stand up against this American bully
This is absolute , you don’t deserve this. The government has let you down. Start a go fund me and take this to the HIgh Court
With you Katie.. x
I think it is terrible you have lost your dream label. The David and Goliath case is unfair. I remember years ago the Harry Potter clothing label was also lost due to people with loads of money squashing the little guy who had the name first.