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Eminem sues Australian beachwear brand over 'Swim Shady' trademark dispute
US rapper Eminem has filed a legal petition against Sydney-based beachwear company Swim Shady, arguing its name infringes on his long-standing Slim Shady trademark. The dispute escalated after the brand secured a US trademark for "Swim Shady" earlier this year, prompting Eminem's legal team to demand its cancellation.
Legal battle unfolds in US and Australia
The 53-year-old artist, whose real name is Marshall B. Mathers III, submitted a petition to the US Patent and Trademark Office in September, challenging the brand's trademark approval. Under US law, Swim Shady must respond by next week or risk losing the mark. Separately, Eminem has also opposed the brand's trademark application in Australia, where Swim Shady was officially registered in September 2023 after initially launching as Slim Shade.
Eminem's lawyers argue the name creates a "false association" with the rapper, whose Slim Shady persona became iconic after his 1999 album and 2000 Grammy-winning hit The Real Slim Shady. Court documents show he trademarked the name in the US in 1999 but only filed for Australian protection in January 2025.
Brand defends 'grassroots' origins
Swim Shady, which sells portable beach umbrellas, swim bags, and sun-protective accessories, insists its name reflects a "grassroots Australian company" focused on combating the country's harsh sun. In a statement to the BBC, the brand vowed to "defend our valuable intellectual property" but declined further comment due to the ongoing case.
"Swim Shady was born out of a desire to produce stylish and effective sun shades to protect from the harsh Australian sun."
Swim Shady statement
Parallels to Katy Perry trademark case
The dispute echoes a 2023 Australian court ruling that overturned a trademark infringement claim against US pop star Katy Perry. Australian designer Katie Perry (no relation) had accused the singer of violating her clothing brand's trademark during a 2014 tour. The court ultimately sided with Katy Perry, dismissing the "David and Goliath" comparison.
What's next
Swim Shady's US trademark status hinges on its response to Eminem's petition, due next week. In Australia, the brand's legal team-represented by Sydney firm Meyer West IP-will contest Eminem's opposition. The rapper's lawyers maintain Slim Shady is "distinctive and famous," exclusively tied to his decades-long career.
