And the Outcome is in ...

Australian Designer Katie Perry Wins Landmark High Court Victory in Trade mark Battle with Global Pop Star

Sydney-based fashion designer Katie Perry, founder of the Australian-made label Katie Perry, has secured a landmark victory in the High Court of Australia, with the Court finding in her favour in a long-running trade mark dispute with international pop star Katy Perry.

The case has widely been described as a “David and Goliath” battle, with a small Australian business successfully defending its intellectual property against a global celebrity brand.

“This has been an incredibly long and difficult journey,” Perry said.

“But today confirms what I always believed — that trade marks should protect businesses of all sizes.”

A Dispute That Began in 2009

Perry launched her fashion label in 2007, designing and manufacturing clothing in Australia under the name she was born with — Katie Perry.

Like many small business owners, she followed the recommended steps for establishing a business in Australia: obtaining an ABN, registering a business name and securing a trade mark.

In 2009, lawyers representing the American singer Katy Perry contacted Perry demanding she stop trading under her own name and withdraw her products from sale.

“I had never heard of the singer when I started my label,” Perry said.

“I was simply building a fashion business under the name I was born with.”

The singer’s team initially opposed Perry’s trade mark registration, but withdrew the opposition shortly before a scheduled hearing in 2009.

Federal Court Victory

The case culminated in a Federal Court hearing in 2021, where Perry endured a brutal cross-examination.   In April 2023, the Federal Court of Australia ruled in Perry’s favour, finding that various sales of merchandise by one of the singer’s associated company infringed the Australian designer’s registered trade mark.

The court also dismissed a cross-claim brought by the singer’s companies.

Shortly after the ruling, the singer chose to appeal the decision, extending what had already become a long legal battle. The singer’s appeal was successful.

High Court Decision

Following the appeal, the matter ultimately reached the High Court of Australia, the nation’s highest court.

For Perry, the High Court decision represents a significant achievement in the face of a dispute that has spanned more than a decade.

“As a small business owner and a mother of two young children, this process has been incredibly demanding,” she said.

“There were moments that were emotionally exhausting, but I believed in standing up for my business and for justice .”

Proudly Australian Made

Perry’s fashion label is 100% Australian-owned and manufactured in Sydney, focusing on sustainable fabrics and small-batch production that supports local makers.

“My business has always been about creating clothing locally and supporting Australian manufacturing,” she said.

“That’s something I am incredibly proud of.”

Standing Up for Small Business

Perry hopes the decision sends an important message about the rights of small businesses.

“I always believed that trade marks exist to protect businesses — whether they are small local brands or large global companies,” she said.

“This decision shows that even small Australian businesses can stand up for their rights.”

Closing Statement

“This case has never just been about a name,” Perry said.

“It has been about protecting small business in Australia, for standing up for what is right and showing that we all matter.”