A young fashion designer who has been threatened with legal action by an intellectual property firm representing pop-star Katy Perry is determined to defend her business at a hearing next month.
Entrepreneur Katie Perry, who started her Sydney-based Katie Perry fashion label and boutique two years ago, lodged a trademark application for her business name last September.
But her application has come to a standstill, after lawyers representing American pop-star Katy Perry contacted her through a letter, demanding she stop trading.
“On 9 June, I went to pick up some mail and received a 30-page letter from Fisher Adams Kelly, who represent Katheryn Hudson, (Katy Perry’s real name), opposing the use of my trademark and asking me to pull my trademark, stop using advertising and sign the attached letter or face legal proceedings.”
The Australian Perry says that the next course of action is a hearing on 10 July between IP Australia and Fisher Adams Kelly, where the firm will seek to have an extension on the time needed to gather a case to reject the pending trademark.
“My next course of action is that I’m going to make sure I’m at that hearing on 10 July to explain why they shouldn’t get an extension of time.”
The small business owner says she has no intention of giving her trademark away, and that the case is distracting her from helping her business survive the downturn.
“I started my label before she was known here. I’ve worked hard building up my brand, everything is made in Australia, I’m building up a great reputation, and to have someone receive those statements from lawyers saying I can’t do that is distressing.”
“It’s also intimidating, I’ve never had to deal with lawyers and legal things like this before.”
But she claims the opposition to her trademark may be easing, after Fisher Adams Kelly contacted her this morning to discuss matters regarding the case.
“They actually contacted me this morning, and said they are going back to their clients. They are realising I’m not a pirate trying to make money from the singer Katy Perry, which if they checked my website they should have found that out.”
Fisher Adams Kelly declined to comment on the case.
Patrick Stafford is a freelance journalist and a former deputy editor of SmartCompany.
