Eminem suffered a major setback in the now settled trademark dispute with Australian beachwear company Swim Shady.
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Australia’s Registrar of Trade Marks ruled that the rapper’s “Shady” and “Shady Limited” trademarks weren’t sufficiently used on clothing and merchandise during the required period, meaning he’ll lose trademark protection for apparel, footwear, bags and related goods in the country beginning Aug. 1.
Eminem will still retain “Shady” rights for categories including music and electronics, though he’s also been ordered to pay Swim Shady’s legal costs unless the decision is overturned.
The legal battle centers on Swim Shady’s name, which the ‘Lose Yourself’ rapper argued was too similar to his iconic Slim Shady brand.
The ruling found that the Shady branding had been used predominantly in connection with the rapper’s Slim Shady moniker and long-running music career, but also found no clear evidence that Eminem directly controlled the use of the branding on merchandise sold by his record label.
His team has until July 22 to appeal the ruling.
