Eminem has lost a trademark battle against the Australian beachwear brand Swim Shady.
The U.S. rapper, who is also known by the alter ego Slim Shady, has been involved in court proceedings with the swimwear company over its right to trade under the Swim Shady brand.
On Wednesday, the Australian Registrar of Trade Marks ruled in favour of the beachwear label in one part of the ongoing trademark battle, removing clothing and merchandise protections from Eminem’s “Shady” trademarks in Australia.
During the proceedings, the Mockingbird rapper’s legal team 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 ruling also found that the Shady branding had been used predominantly in connection with the rapper’s Slim Shady moniker and long-running music career.
The Registrar also found no clear evidence that Eminem directly controlled the use of the branding on merchandise sold by his record label.
From 1 August, the trademarks will no longer be protected in Australia for clothing, footwear, headgear, bags and leather goods, though Eminem will retain rights to the “Shady” name for categories including music and electronics.
The rapper has also been ordered to pay Swim Shady’s legal costs. His legal team has until 22 July 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.”
