Sydney Beach Brand Defeats Eminem in ‘Swim Shady’ Trademark Dispute

Sydney beachwear brand Swim Shady has won a trademark dispute against rapper Eminem, who claimed the company’s name was too similar to his established branding and alter ego, Slim Shady.

The ruling:

• As per Digital Music News, an IP Australia delegate determined that the rapper’s existing Australian trademarks for “Shady” and “Shady Limited” hadn’t been significantly used across a range of merchandise categories – including clothing, bags and footwear – in Australia during the relevant period.

• The delegate also cited a lack of evidence proving the rapper had exercised the level of control over the Australian sale of merch needed to maintain trademark protection in the specified categories.

• In addition, Eminem did not register “Slim Shady” as an Australian trademark in the country until after Swim Shady launched its business.

• As a result, the “Shady” and “Shady Limited” trademarks will be removed from several merch categories, meaning Swim Shady is free to continue trading under its brand.

Ongoing case:

• The Australian victory is only one part of the challenge.

• Eminem has also opposed Swim Shady’s trademark in the United States, United Kingdom and Japan.

• His legal team has until July 22 to appeal the Australian decision.

What they said:

• Swim Shady founders Jeremy Scott and Elizabeth Afrakoff: “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.”