American rapper Eminem has lost a trademark battle against an Australian swimwear brand over the use of the name 'Swim Shady'. The brand, known for beach umbrellas and swimwear, successfully argued against the rapper's claim that the name was confusingly similar to his 'Slim Shady' persona.
Eminem, whose real name is Marshall Bruce Mathers III, had argued that 'Swim Shady' was "highly confusingly similar and/or legally identical in sight and sound" to his iconic persona. He had registered trademarks for 'Shady' and 'Shady Limited' in 2002.
Swim Shady, founded by Jeremy Scott and Elizabeth Afrakoff, filed their trademark in 2024. The Registrar of Trade Marks, Benjamin Goldsworthy, ruled that 'Slim Shady' is more readily recognized as Eminem's persona, song titles, lyrics, and album titles, rather than being associated with registered goods. Goldsworthy stated that the extent of the use of signs containing the word 'Shady' in relation to registered goods was relatively low.
"I accept that 'Shady' has been used to refer to the Opponent as a performer," Goldsworthy said in his finding. The ruling allows the Swim Shady trademark to be used for the brand's beach products, including shades, towels, bags, and swimwear, but with limitations on certain goods.
Scott and Afrakoff expressed gratitude for the ruling, calling it an important milestone. In April, they had referred to the dispute as a "David and Goliath" battle, stating their belief in what they had built and that they were on the "right side of this."
Legal challenges are ongoing in the UK, and Japanese authorities are reviewing a challenge despite the trademark having already been granted there. Scott described his initial shock at becoming involved in a dispute with a globally recognized entertainer, noting that they had followed the correct processes for trademark approval.
Despite the legal proceedings, the Swim Shady business has continued to grow, with its products reaching customers worldwide. The brand was created to simplify sun protection at the beach, and the founders remain focused on global growth.
This legal action is not Eminem's first endeavor in protecting his 'Shady' brand. The rapper has a history of taking legal action against businesses he believes infringe on his branding, including clothing labels and other media ventures.
Eminem was also ordered to pay costs related to the court proceedings in Australia. The rapper has built a significant global music identity around the 'Shady' brand and is known for aggressively protecting it.