Katy Perry Trademark Dispute Continues Over Damages Payout

A long-running legal dispute between pop star Katy Perry and an Australian fashion designer, also named Katie Perry, has resurfaced in the Federal Court as they determine damages and costs. The case, which began in 2009, centers on trademark infringement related to Perry's branded merchandise.

The fashion designer, Katie Taylor, first sued the singer in 2019, alleging infringement over the sale of Perry's clothing, shoes, and headwear. Perry, whose real name is Katheryn Hudson, countered by seeking to cancel Taylor's trademark, arguing it could harm her reputation or mislead consumers.

In March, the High Court ruled in favor of Taylor, finding that Perry and her companies had infringed on the Australian designer's trademark and allowing Taylor to retain it. This decision marked a significant victory for Taylor in a case that has lasted for years.

However, the legal proceedings are not yet concluded. The matter returned to the Federal Court on Tuesday to address the relief, damages, and costs Taylor is entitled to. These specific issues were not resolved by a previous decision from the Full Court of the Federal Court that had initially sought to cancel Taylor's trademark registration.

Perry's legal team argued before the Full Court that the primary judge erred in awarding additional damages to Taylor for the infringement and challenged an injunction previously issued against Perry's company, Kitty Purry, to prevent further infringement. Taylor's lawyer proposed a half-day hearing for oral arguments, citing the time elapsed since the appeal. Conversely, Perry's lawyer suggested written submissions as a more appropriate course of action.

Justice Jonathan Beach deferred the decision to the appeal court, directing that written submissions be provided for review before the judges decide whether an in-person hearing is necessary. A hearing date has been set for November 26, but it may be vacated depending on the submissions. The dispute dates back to 2009 when Perry first became aware of Taylor's trademark. Perry issued a cease-and-desist letter to Taylor in anticipation of a tour in Australia, seeking either an agreement to stop using the mark or a collaborative arrangement. No agreement was reached, and while Perry initially withdrew her opposition to Taylor's trademark, she continued to sell her own branded clothing in Australia. Approximately a decade later, after learning about litigation funding, Taylor initiated her lawsuit against Hudson.