Sydney-based beachwear brand Swim Shady has successfully defended its name against a trademark challenge from rapper Eminem, with an IP Australia delegate ruling that the artist’s ‘Shady’ and ‘Shady Limited’ trademarks were not actively used in Australia for the relevant merchandise categories.
The decision removes those marks from classes covering clothing, bags, and footwear, allowing Swim Shady to continue trading under its brand. Eminem, whose real name is Marshall Mathers, had argued that the brand’s name was confusingly similar to his Slim Shady alter ego. The delegate found a lack of evidence that the rapper had exercised the necessary control over Australian merchandise sales to maintain trademark protection, and noted that Eminem did not register ‘Slim Shady’ as a trademark in Australia until after Swim Shady had already launched.
The dispute is not confined to Australia. Eminem has also opposed Swim Shady’s trademark applications in the United States, United Kingdom, and Japan. His legal team has until July 22 to appeal the Australian ruling.
Founders Jeremy Scott and Elizabeth Afrakoff said: “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.”
