Tuesday, June 16, 2009

Katy Perry Vs. Katie Perry

Lawyers for Katy-with-a-Y Perry are acting quickly to block Australian clothing designer Katie-with-an-I Perry from trademarking her name for her clothing label, reports the Australian News. The Australian Perry, who started her Katie Perry luxury loungewear label two years ago and has been trading online and through local markets, as well as participating in local fashion parades, launched a trademark application last September. Last week she received a letter from Queensland-based legal firm Fisher Adams Kelly, who are representing Katy-with-a-Y, asked Katie-with-an-I to cease and decisist.
"I got such a huge shock," Perry said. "It really felt like I was being intimidated and bullied into signing everything away. It asked me to give up the trademark, withdraw sale of my clothes, withdraw any advertising and any websites, and sign that I will not in the future use a similar trademark to Katy Perry. I pretty much burst into tears."
Perry, a former menswear fashion manager for retailer David Jones, opened her first retail outlet in the Sydney suburb of Mosman last week, and recently picked up her first stockist, in the NSW south coast town of Kiama.
She said while she was born Katie Jane Perry and has never changed her name, she sometimes goes by the name Katie Howell -- although her fashion label does not trade under that name. "I love my business. I'm not going to give it away without a fight either," she said. "I'm not trying to become a singer. I'm not pretending to be her. This is my income. And it's the livelihood of my contractors as well."
Trademark lawyer Trevor Choy said it was no surprise that Katy-with-a-Y had opposed the trademark application.
"A lot of US popstars are moving into all sorts of merchandising," Mr Choy said. "Clothing is an obvious one for popstars. The fact that it's (Australian Katie Perry's) birth name doesn't necessarily change things dramatically. It means they can't stop her from using it but she can't necessarily get protection over it. If she's really got evidence to show she's been trading before the popstar became famous she should in theory be able to hold on to that trademark."
Hmmm...what do you guys think about this one? Should Katie-with-an-I be able to continue using her name despite the fact that some consumers might mistakenly think they are purchasing Katy-with-a-Y clothing? Personally I am torn. I can see where both chicas are coming from. It's moments like these where I am glad that I am not a lawyer and have minimal responsiblity. If I had to rule, I would probably just stick my fingers in my ears and chant "la-la-la-la-la I don't hear you la-la-la" until both parties dropped their cases out of sheer frustrations. The easy way out: that's how I roll.



brittany said...

psh katy-with-a-y-perry should back the fuck off this chick's livelihood. success is for people who don't change their names to sound more awesome. (ha wow hi superbitch lol)

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