Eminem has suffered a setback in his trademark battle with the Australian beach brand Swim Shady.
The Sydney-based company was launched in 2024 by entrepreneurs Jeremy Scott and Elizabeth Afrakoff, and it sells beach products including towels, beach shades, swim bags and swim shorts.
Eminem has opposed the brand’s use of the name, arguing that Swim Shady is too closely associated with his famous alter ego Slim Shady and could lead consumers to believe the products were connected to him.
However, the Australian Registrar Of Trade Marks has now ruled in favour of Swim Shady in one strand of its ongoing dispute with the rapper, with trademark adjudicator Benjamin Goldsworthy declaring that Eminem’s “Shady” and “Shady Limited” trademarks had not been used in Australia across several merchandise categories during the relevant period.
The ruling found that protection for the trademarks should be removed from categories including clothing, footwear, bags and leather goods from August 1, although Eminem retains rights in other areas, including music and electronics.
Although Eminem has been publicly associated with the Slim Shady persona for decades, the ruling found that “Slim Shady” itself was not registered as an Australian trademark until January 2025, after Swim Shady had already launched.
“Elizabeth and I are delighted with today’s decision,” Scott said in a statement. “We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome.”
He added: “While this is an important milestone for Swim Shady, it is one step in the broader trade mark proceedings, and we recognise there are still matters to be resolved.”
Eminem’s legal team has until July 22 to appeal the decision.
The Australian ruling is only one part of a wider dispute between the two parties, with Eminem also opposing Swim Shady trademark applications in territories including the United States, the United Kingdom and Japan.
Last year, the rapper sued Meta for alleged unauthorised use of his music across its platforms, as well as a Detroit Ford dealership for using ‘Lose Yourself’ in online adverts without permission.
Back in 2017, his publishers also won a copyright case against New Zealand’s National Party after it used a soundalike version of ‘Lose Yourself’ in an election campaign advert.
Elsewhere, Eminem is set to reunite with Jay-Z on Rakim’s upcoming album, marking their first track together in 25 years. Their last collaboration came on Jay-Z’s 2001 track ‘Renegade’, from the classic album ‘The Blueprint’.
Back in November, Eminem also joined fellow Detroit icon Jack White during the NFL Thanksgiving halftime show at Ford Field, appearing for a mash-up of The White Stripes’ ‘Hello Operator’ and his own ‘’Till I Collapse’.
