IP: Lessons from the Latest High Court Case
The High Court has recently considered the intersection of reputation, competing brands and the importance of registering your intellectual property rights early, in the case of Taylor v Killer Queen LLC [2026] HCA 5. In this case, Katie Perry (fashion designer from Sydney) and Katy Perry (singer from US) competed to trade mark irrespectively “Katie Perry” and “Katy Perry” both with respect to clothing, and the court found that notwithstanding Katie Perry’s awareness of Katy Perry’s bigger reputation and her wish to sell clothing merchandise during performances in Australia, Katie Perry, the fashion designer had filed earlier so she had priority. The key legal principles of this case are relevant for not-for-profit organisations when it comes to protecting their brands and intellectual property.
Many charities operate under the banner of a simple motto or slogan which they have used for many years.
The Katie Perry case endorsed protection via the trade mark regime of the lesser known trader, notwithstanding the mark contained generic words (ie her name) and charities should ensure they do not let marks lapse or go unregistered for fear of another organisation securing a monopoly over marks and words and images that compete in their use of generic components.
The case has shown that a charitable entity should not be deprived of its right to continue using its slogan because a more famous trader (for example, a celebrity from overseas, or anyone else) happens to decide to penetrate the Australian market with a similar slogan. The court decision also suggests that the success of a mark does not depend on reputation of the applicant but the timing of the application.
To protect their livelihoods and ensure their ability to continue serving the Australian community, charities should perform a stocktake of their intellectual property and seek advice on how best to protect their brands moving forward, and potentially revisit avenues that were previously (and perhaps incorrectly) closed to them.
Shakvaan Wijetunga, Solicitor
Patricia Monemvasitis, Partner