Photo Credit: Swim Shady
Sydney beach brand Swim Shady has secured a trademark victory against rapper Eminem, who argued the company’s name was too similar to his alter ego.
Will the real Swim Shady please stand up? The Sydney beach brand won a major victory in the trademark fight against rapper Eminem, who argued that the company’s name was too similar to his established branding and longtime alter ego, Slim Shady.
Now, the Australian Registrar of Trademarks has narrowed the scope of the musician’s claim. On Wednesday, an IP Australia delegate determined that his existing trademarks had not been significantly used across Australia. Evidence showed that Eminem’s existing Australian trademarks for “Shady” and “Shady Limited” hadn’t been genuinely used across a range of merchandise categories—including clothing, bags, and footwear—during the relevant period.
Moreover, evidence further showed that there had been only three recent sales of “Shady” merch to customers in Australia during that period. The delegate also found that there was insufficient evidence that Eminem had exercised the level of control over the Australian sale of merch required to maintain trademark protection in the specified categories.
As a result, the “Shady” and “Shady Limited” trademarks will now be removed from several merch categories, thereby allowing Swim Shady to continue selling under its existing brand.
The main issue at hand is the timing. Eminem has long been known by his Slim Shady moniker, but he did not register “Slim Shady” as an Australian trademark in the country until after Swim Shady launched its own business.
“While this is an important milestone for Swim Shady, it is one step in the broader trademark proceedings, and we recognize there are still matters to be resolved,” said Swim Shady founders Jeremy Scott and Elizabeth Afrakoff.
Indeed, the Australian ruling is just one part of the broader dispute. Eminem has also opposed Swim Shady’s trademark in several jurisdictions, including the United States, United Kingdom, and Japan. Meanwhile, his legal team has until July 22 to appeal the decision in Australia.
It’s just the latest ruling in a series of high-profile trademark disputes, including Katy Perry’s battle against Sydney designer Katie Perry, and Taylor Swift’s fight against a real-life showgirl.