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Allegations that pop star Katy Perry is infringing on the trademark of a similarly named Sydney designer will be heard by the Federal Court this week.
Sydney-based designer Katie Jane Taylor – nee Katie Perry – is suing the American singer-songwriter over the sale of Katy Perry-branded clothing in Australia at concerts, in department stores and a range of online stores.
Ms Taylor continues to trade under her birth name, which she trademarked for clothing in 2008.
That’s the same year the pop star – legally known as Katheryn Elizabeth Hudson – shot to worldwide fame with the 2008 hit I Kissed A Girl.
Sydney-based designer Katie Jane Taylor – nee Katie Perry – is suing the American singer-songwriter over the sale of Katy Perry-branded clothing in Australia
Katy Perry’s legal team ended up withdrawing the challenge, but the singer’s branded clothes have now been launched across Australia
Ms Hudson, whose stage name combines her first name and her mother’s maiden name, is defending the allegation of trademark infringement and has launched a cross-claim to have Ms Taylor’s trademark cancelled.
She has pleaded that she uses the Katy Perry name in good faith and her use on clothing is unlikely to deceive or cause confusion.
Justice Brigitte Markovic is due to hear the case over five days, beginning on Monday.
Ms Taylor is due to testify on Tuesday.
The US-based pop star is not expected to give evidence.
The Australian, who has filed the new case under her married surname Taylor, has gained access to legal funding and been introduced to trademark lawyers
‘This is a real David and Goliath fight,” Ms Taylor said in a statement on Friday.
‘I am fighting not just for myself, but for all small businesses in this country who can be bullied by these overseas entities who have much more financial power than we do.’
Her case is funded by global litigation funder LCM.
‘I have been powerless to act,’ the Sydney designer told The Daily Telegraph.
‘People have sent me photographs of her stuff and I have never had the legal or financial firepower to do anything about it.
‘My friends have warned me against doing this but I want to be an example to my children.’
Source: Daily Mail