Taylor v Killer Queen LLCCitation:[2026] HCA 5Before:Gordon ACJ, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Mar 2026Case Number:S49/2025Read more
The Court held that the use of the 'Katie Perry' trade mark was not likely to deceive or cause confusion at the priority date or at the time of the rectification application, and that there was insufficient evidence of reputation or wrongful conduct to justify rectification.
Source-derived case information.
- Parties
- Appellant: Katie Taylor; First Respondent: Killer Queen LLC; Second Respondent: Katy Perry
- Jurisdiction
- Australia
- Judgment Date
- 11 March 2026
- Procedural Posture
- Intellectual Property Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Trade Marks, Rectification of Register, Likelihood of Confusion, Reputation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Katie Taylor
Appellant
Killer Queen LLC
First Respondent
Katy Perry
Second Respondent
Procedural Posture
Intellectual Property Appeal / Judgment
Legal Issues
- 1 Whether the use of 'Katie Perry' trade mark at the priority date was likely to deceive or cause confusion due to the reputation of the pop star's trade mark
- 2 Whether the use of 'Katie Perry' trade mark at the time of application for rectification was likely to deceive or cause confusion because of circumstances at that time
- 3 Whether the discretion not to rectify the Register under the Trade Marks Act 1995 (Cth) was enlivened
Ratio Decidendi
The Court held that the use of the 'Katie Perry' trade mark was not likely to deceive or cause confusion at the priority date or at the time of the rectification application, and that there was insufficient evidence of reputation or wrongful conduct to justify rectification.
Court Disposition
Appeal allowed
Orders
- The rectification application is dismissed.
- The registration of the 'Katie Perry' trade mark remains on the Register.
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 11 March 2026 Case number S49/2025 Before Gordon ACJ, Steward, Gleeson, Jagot, Beech-Jones JJ Catchwords Trade marks – Rectification of Register of Trade Marks under Trade Marks Act 1995 (Cth) – Where appellant registered owner of trade mark "Katie Perry" in class 25 (clothes) from 29 September 2008 ("priority date") – Where second respondent known as Katy Perry is famous pop star – Where respondents sought rectification of Register by cancelling "Katie Perry" trade mark – Whether use of "Katie Perry" trade mark at priority date likely to deceive or cause confusion due to reputation of pop star's trade mark – Whether use of "Katie Perry" trade mark at time of application for rectification likely to deceive or cause confusion because of circumstances at that time – Whether discretion not to rectify Register under Act enlivened. Words and phrases – "acquired a reputation", "act or fault", "actual use", "assiduous infringer", "blameworthy conduct", "cancelling the registration of a trade mark", "deceptively similar", "fashion designer", "lack of evidence", "likely to deceive or cause confusion", "material error", "merchandise", "normal and fair use", "notional use", "pop star", "priority date", "real and tangible danger", "rectification", "reputation", "trade mark", "undue weight", "wrongful conduct". Trade Marks Act 1995 (Cth), ss 60, 88(1), 88(2)(a), 88(2)(c), 89. Files Taylor v Killer Queen LLC (S49-2025) [2026] HCA 5.docx (223.58 KB) Taylor v Killer Queen LLC (S49-2025) [2026] HCA 5.pdf (780.24 KB)