Involved in court proceedings with the swimwear company over its right to sell merchandise under the Swim Shady brand, Eminem has lost his trademark battle against the Australian beachwear company.
Removing clothing and merchandise protections from Eminem’s “Shady” trademarks down under, on Wednesday (7.01,), the Australian Registrar of Trade Marks ruled in favor of the beachwear label in one part of the ongoing trademark battle.
During the proceedings, the legal team for Eminem’s alter ego Slim Shady argued that the name Swim Shady was “confusingly similar” to his well-known persona. However, the decision found that Eminem’s existing trademarks, Shady and Shady Limited, had not been used in Australia on clothing, bags, footwear, leather goods or headwear during the required period. Evidence submitted by the rapper’s team included tour merchandise, website sales figures and social media posts.
The court’s ruling also found that the Shady brand had been used predominantly in connection with the rapper’s Slim Shady moniker and long-running music career, and the registrar also found no clear evidence that Eminem directly controlled the use of the branding on merchandise sold by his record label.
While Eminem will retain rights to the “Shady” name for categories including music and electronics, effective August 1, the trademarks will no longer be protected in Australia for clothing, footwear, headgear, bags and leather goods,
The American superstar rapper has also been ordered to pay Swim Shady’s legal costs, and his legal team has until July 22 to lodge an appeal.
Reacting to the ruling, Swim Shady co-founders Jeremy Scott and Elizabeth Afrakoff said in a statement to Rolling Stone AU/NZ, “Elizabeth and I are delighted with today’s decision. We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome.”
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Author: Al Dente
Photo: DOD News Features