Famous trade mark disputes, like Katie Perry v Katy Perry, Kylie v Kylie and Guns N' Roses v a Texas gun store, show that fame doesn't guarantee you exclusive rights to a name. What protects you is a registered trade mark, filed early, in the right classes for what you actually sell. If your business name, tagline, course or podcast name matters to your business, check whether it can be trade marked and register it properly before someone else does.
Intellectual property is something you need to get your head around if you're a business owner. When you do, you might find you're set and good to go. But you might find you're not, and if that's the case, you've got some work to do.
The first thing to understand is what can be trade marked, and what can't. You can read more about this in my article Trade marks and copyright: is it really yours?
Then, if it's important to your business to have exclusive use of your name or a phrase (such as a tagline or course name), you need to put the pedal to the metal and get the protection you need.
Let's look at some famous trade mark disputes that show what can go wrong if you don't have exclusive rights to the IP you're using, or if you use someone else's IP without permission.
Katie, Kylie, Guns and Roses
Katie Perry v Katy Perry
The showdown between Australian fashion designer Katie Perry (now Katie Taylor) and US singer Katy Perry ran for well over a decade.
Katherine Hudson started performing under the stage name Katy Perry in 2004. Katie Perry says she has traded under her name since 2006, and she registered "Katie Perry" as a trade mark for clothing in Australia in 2008.
It's sticky already, isn't it?
The singer's lawyers objected to the designer's trade mark in 2009, but the registration went ahead. One is a singer and one is a clothing designer, so much like Apple Records and Apple Computers back in the day, there should be no problem, right?
Wrong. Just as Apple Computers branched out into music, Katy Perry sells clothing and merchandise branded with her name.
In 2019, the designer sued, claiming the singer's companies had infringed her trade mark by selling Katy Perry branded clothing in Australia. The singer's side cross-claimed to have the designer's trade mark cancelled. The designer won at first instance, the singer won on appeal to the Full Federal Court, and in March 2026 the High Court decided, by a 3–2 majority, that the designer could keep her registered trade mark for clothing.
The lesson? An international reputation in music didn't override an Australian trade mark registered early for clothing. Registering first, in the right class, made all the difference.
Kylie v Kylie
The trade mark KYLIE sparked a battle between Australian pop star Kylie Minogue and US reality TV star Kylie Jenner, who both had cosmetics lines called Kylie.
In 2016, Minogue opposed Jenner's application to register KYLIE as a trade mark in the United States, arguing she had used the name since before Jenner was born. The US Patent and Trademark Office initially refused Jenner's application, and the dispute ended in 2017 when Minogue withdrew her opposition after what appears to have been a settlement. The details were never made public.
Guns N' Roses v Texas Guns and Roses
This one seems a lot more deliberate. In 2022, the rock band Guns N' Roses sued a Texas business selling firearms and floral arrangements under the name Texas Guns and Roses.
It wasn't just the name, which is (to put it mildly) very similar. The band was also concerned about the political stance on the store's website, and didn't want to be associated with it.
In 2023, a California court dismissed the case because it was filed in the wrong place: the store didn't do business in California. It's a reminder that where you can enforce your rights matters, as well as what those rights are.
The trade mark takeaways
These cases show how important it is to decide whether exclusive rights to your business name, tagline, course name, podcast name or anything else really matter to your business.
If they do (and as we've seen, that's true even when it's your own name), take the time to understand whether the name is capable of being registered. If it is, register it properly. Taking shortcuts won't do you any good if you find out later that you didn't file in the right class, or enough classes, and you've left yourself exposed.
It's not a straightforward process. If you go down the rabbit hole of trade marks on the IP Australia website on your own, you can easily get derailed and end up with no trade mark, or with one in the wrong class (or not enough classes) for what you do.
Want a plain-English guide? The Atelier Guide to Copyright & Trademarks explains what's protected and what's not. And if you'd like help with your trade mark, book an introduction call.
This article provides general information only and does not constitute legal advice. Your obligations depend on your specific circumstances.
Frequently asked questions
Can I trade mark my own name in Australia?
Often, yes, if it's distinctive enough and nobody else has registered the same or a similar name for similar goods or services. Using your own name doesn't automatically give you exclusive rights, so check before you invest in your brand.
Does being famous protect your brand name without a trade mark?
Not necessarily. In the Katie Perry case, the High Court found that the singer's reputation in music didn't defeat the designer's earlier Australian trade mark for clothing. Registration, filed early in the right classes, is what gives you clear rights.
What happens if I register my trade mark in the wrong class?
Your registration only protects the goods and services in the classes you file in. If you choose the wrong class, or too few, someone else may be able to use or register a similar name for what you actually sell.
