Eminem Loses Trademark Battle with Aussie Beachwear Brand
A trademark adjudicator narrowed Eminem’s Australian Shady marks after finding only three recent merchandise sales and limited use of the name.
- On Wednesday, trademark adjudicator Benjamin Goldsworthy ruled against rapper Eminem, restricting his "Shady" trademarks after finding he failed to exercise "actual control" over goods sold in Australia using the mark.
- Founders Jeremy Scott and Elizabeth Afrakoff launched Swim Shady in 2024, selling beach equipment through more than 50 retailers nationwide, prompting Eminem to oppose their trademark application, claiming it traded off his alter ego "Slim Shady."
- Goldsworthy found Eminem's reputation as a performer and his alter ego "Slim Shady" distinct from trademarks registered to footwear and clothing, noting the term was mostly used in music and lyrics rather than for commercial goods.
- Describing the legal battle as a "David v Goliath" situation, Scott stated he and Afrakoff were "delighted" with the outcome, while Eminem was ordered to pay costs and Swim Shady may continue operations.
- Because trademark results under the Madrid System can impact other jurisdictions, this ruling may have global implications for Eminem's brand ownership; he previously won a 2017 copyright case in New Zealand over his hit "Lose Yourself.
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Algemeen Dagblad
Eminem has lost a brand battle against the Australian beach brand Swim Shady. This is reported by the Australian music medium The Music.
Sydney Morning Herald
Eminem loses trademark battle with Aussie beach brand
The rapper had attempted to effectively block the Australian brand from trading under the name Swim Shady in Australia in a case that could have global ramifications.
Eminem (53) has lost a trademark dispute against an Australian swimwear label. The rapper wanted to prevent the Swim Shady brand from continuing to use its name – but the responsible Australian registrar of trade marks, Benjamin Goldsworthy, has now decided in favor of the small company. Swim Shady, known for beach umbrellas, towels, bags and swimwear, is allowed to retain his name and continue to use it for his beach products. On top of that, E…
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