Date: 11 April 2025
Court: High Court of AustraliaJudge(s):
Judgment date: 11 April 2025
Catchwords: TRADE MARKS — Infringement of registered trade mark established — Where registered trade mark is a name — Joint tortfeasance — Principles discussed.
TRADE MARKS — Cancellation — Whether, because of circumstances applying at the time when the application for rectification is filed, the use of the registered mark is likely to deceive or cause confusion —Whether discretion should be exercised not to cancel the registration of the registered mark.

Abstract:

On 11 April 2025, the High Court of Australia granted special leave to appeal the decision of the Full Court of the Federal Court of Australia (FCAFC), Killer Queen, LLC V Taylor [2024] FCAFC 149; BC202416867. The dispute concerns the brand of the Australian fashion designer, Katie Perry, and pop star Katy Perry.

Background

The FCAFC had overturned the decision of the primary judge, finding that the primary judge erred in a number of findings on joint tortfeasorship, the scope of registered goods, and the appellants' defences to trade mark infringement. Further, the FCAFC found that the designer’s 'KATIE PERRY' trade mark registration…