The Federal Court of Australia has recently handed down a judgement on trademark infringement. Thevalidity of Katie Taylor’s “KATIE PERRY” trademark was the subject of a dispute with singer Katy Perryand her subsidy companies, “Killer Queen LLC”, “Purrfect Ventures LLC” and “Kitty Purry INC” (“TheRespondent”). The dispute began 2009, following a failed co-existence agreement. In 2014 and 2018,the respondent sold clothing and other merchandise during tours of Australia under the mark “KATYPERRY”, allegedly infringing Katie Taylor’s mark. Ms Taylor commenced proceedings in 2019. Althoughthe case was decided in Australia and concerns Australian trademark law, there is relevance if similarmatters arise in Singapore.
This case is not merely David vs Goliath entertainment, it enforces some very fundamental concepts oftrade mark law. The establishment of trade mark recognition in one class of goods or services does notguarantee automatic and widespread recognition in classes not primarily related the original business.It is important for SMEs to remember that when they are developing their brand strategy or when theyreceive a cease-and-desist notice from a third party claiming that they are a famous mark.
