Australian designer Katie Perry (now Katie Taylor) won a major appeal against U.S. pop star Katy Perry on March 11 in the High Court of Australia (the highest court in the Australian judicial system). This decision marks the end of a long-running trademark dispute over the use of the name “Katie Perry” on clothing in Australia.
The court ruled that Taylor’s clothing brand did not damage or confuse the singer’s reputation because Katy Perry is famous enough — even in Australia — that consumers would not mistake the two.
At first glance, this case may seem like nothing more than some celebrity drama. But the Katie Perry vs. Katy Perry name clash actually has real-world implications for small businesses, entrepreneurs, and even influencers. Trademark laws prevent buyers from being misled and ensure businesses—big or small—aren’t unfairly benefiting from someone else’s reputation.
Two Teenage Dreams, One Name
There have been years of simmering tension between Katie and Katy.
Katie Perry, who changed her name to Taylor in 2015, registered her business in 2007 and applied for a trademark in 2008. She claimed she did not even know of the singer, who rose to fame shortly after.
Pop Star Katy sparked the flame of this legal battle in 2009, with her legal team asking Taylor to stop using her brand name “Katie Perry” via cease-and-desist letters. But no formal lawsuit had been filed at this point.
So, who trademarked first? The Australian Trademark Register entered Katie’s designer’s trademark in July 2009. It entered Katy’s trademark in November 2011. Fast forward eight years: The Australian fashion designer sues the U.S. pop star, claiming the singer’s branded merchandise sold during her 2014 Australian tour breached trademark laws.
Perry (whose real name is Katheryn Hudson) filed a crossclaim asking that Taylor’s trademark be cancelled. In the crossclaim, Perry asserted that she was famous enough in Australia that Taylor’s fashion label would likely cause consumer confusion.
Taylor won this trademark infringement case against Katy Perry in 2023. The judge who ruled in favor of Taylor quoted one of Perry’s most well-known songs in her ruling: “This is a tale of two women, two teenage dreams and one name". But her victory was fleeting. The ruling was overturned in 2024, with Australian judges upholding Perry’s claims and ordering the designer’s trademark to be deregistered.
Not to be deterred, Taylor appealed her claim to the High Court of Australia, which ruled in her favor in March 2026. As a result of this ruling, Taylor’s trademark will remain on the Australian register. Some of the issues raised by the singer were returned to the federal court for further review.
Confusing Similarity and Trademark Infringement
A name alone can carry enormous commercial weight. But two similar names in the marketplace don’t automatically mean infringement. Two factors are used to determine whether competing trademarks have a likelihood of confusion:
- The similarity of the trademarks
- The relationship between the goods and services of the trademarks
To keep it simple, the legal test is whether the ordinary consumer would be confused by the existence of two similar trademarks.
Trademark applications require a classification of goods or services. Singer Katy Perry has trademarks for her name in Australia for music and entertainment, but not for clothing. Designer Katie Taylor registered her Katie Perry trademark for clothing. On paper, those are different categories — but categories alone don’t decide the case.
Even though the trademarks covered different categories (music vs. clothing), the High Court still had to ask the core question: Would an ordinary Australian consumer think the designer’s clothing brand was connected to the pop star?
The judges said no. And their reasoning is important: Katy Perry’s reputation is established enough in Australia that consumers wouldn’t assume a small Australian clothing label called “Katie Perry” was connected to her—even if the names are nearly identical.
This reflects how courts look at the bigger picture in trademark infringement, considering:
- Reputation
- Industry
- Consumer expectations
- How the name is actually used in the marketplace
Lessons for Small Businesses, Influencers, or Anyone Thinking of Starting a Brand
Your name is part of your brand, and you should protect it early. For small businesses and creators, that means choosing a business name and registering it before you start selling, posting, or promoting. A trademark is the best way to prevent someone else from claiming your brand as their own.
Name-based trademark disputes are becoming increasingly common as more people monetize their online presence. Celebrities often trademark their own names because their identity is the product. This same concept can apply to creators and influencers.
Fame can strengthen a claim when someone is clearly trying to capitalize on your established name. But fame can also weaken arguments about confusion similarity, as courts may assume your name is famous enough that no one would mix you up with a smaller brand. Regardless, it’s smart to monitor how your name or likeness is used online, especially now when knockoff merch and copycat accounts pop up overnight.
Small brick-and-mortar businesses should also take heed. Even if your business only operates locally, a quick search for existing trademarks—both in your country and internationally—can save you from accidentally stepping on a well‑known, well-resourced brand’s toes. Many infringement cases are accidental. But “I didn’t know” isn’t a defense, and rebranding after you’ve already established your business and customer following is expensive and potentially damaging to your company.
For any size or type of business, it doesn’t hurt to have a good intellectual property attorney on your side to help with issues like these.
Related Resources
- 4 Defenses to Trademark Infringement (FindLaw’s Law and Daily Life)
- When You Should Not Enforce a Trademark (FindLaw’s Law and Daily Life)
- How To Check if a Business Name Is Still Available (FindLaw’s Learn About the Law)
