Katy Perry is a household name in the music industry.
Her infectious pop songs and vibrant personality have amassed a vast following worldwide.
According to Spotify, Katy Perry has 52.6M monthly listeners.
However, her recent trademark battle with Australian fashion designer Katie Perry has shed light on personal branding and intellectual property rights.
The legal dispute raised several important questions:
- How does a Trademark protect your brand?
- Does personal branding protect your Intellectual Property rights?
- Do you own your name
- How do I protect my Intellectual Property rights?
First and foremost, Katy Perry’s trademark battle highlights the importance of securing a trademark.
A trademark is a distinctive symbol and can be many things, including a word or phrase which serves as a unique identifier for a company’s goods or services. It bestows upon its owner the exclusive right to utilize it in relation to specific products or services, thereby protecting it from misuse by others.
In the case of Katie vs. Katy, Katie Perry, the fashion designer, secured her trademark for her name and was selling merchandise under her trademarked brand before Katy Perry became famous. This allowed her to protect her brand from the pop star’s infringement.
This highlights the importance of early trademark registration and the need to protect your brands.
Katy Perry’s trademark battle raises the issue of personal branding.
In today’s social media-driven world, personal branding has become increasingly important.
Celebrities, influencers, and entrepreneurs all rely on their personal brands to attract and retain customers. However, the Katy Perry case shows the need to protect your intellectual property rights from the very beginning. It is never too early to start protecting your brand, but it can be too late. It is best practice to discuss your brand rights with an IP attorney from the very beginning of your business formation.
Personal branding does not take precedence over intellectual property rights. To fully protect a personal brand, celebrities must secure a trademark.
Katy Perry’s trademark battle highlights the issue of name ownership.
Can a celebrity monopolize a name? In Katy Perry’s case, the answer is no.
While Katy Perry has built a personal brand around her name, this alone does not protect her IP rights. As Katie Perry has a prior valid trademark, she can prevent Katy Perry from using her name and personal brand in connection with selling the same services or goods that the designer Katie Perry does.
This raises the issue of identity confusion, where two individuals with the same name coexist in the same industry. In such cases, consumers may need clarification about which Katy Perry they are dealing with.
Celebrities and businesses must consider this issue carefully when building a personal brand.
Katy Perry’s trademark battle highlights the importance of due diligence.
This process should encompass a thorough trademark search, extending beyond identical matches but similar sounding or spelled names, as was the case with popstar Katy Perry and fashion designer Katie Perry.
This can help identify any existing trademarks that could conflict with yours, thereby mitigating the risk of infringement. In addition, conducting a domain name search is equally important. In today’s digital age, owning the web domain associated with your brand is crucial for visibility and market presence. This step is often overlooked, leading to costly disputes and the cost of re-branding later on.
The Katy Perry case serves as a stark reminder that skipping these crucial steps in the initial stages of brand development can lead to costly and damaging legal battles down the line.
Therefore, investing time and resources in thorough due diligence can safeguard your brand, help prevent having to re-brand, and save you from potential legal fees and reputational damage in the future.
Schedule your consultation with SecureMark Legal to discuss securing your IP rights and protecting your hard work.