US pop sensation Katy Perry has scored an important legal win over an Australian designer ahead of their courtroom showdown later this year.
Designer Katie Jane Taylor is suing the I Kissed A Girl singer in the Federal Court over the sale of clothes in Australia and what she claims is trademark infringement.
Ms Taylor has operated a Sydney-based clothing label under her birth name Katie Perry since 2006 and held the trademark in Australia for over a decade.
The Australian designer is suing Ms Perry — whose real name is Katheryn Elizabeth Hudson — and two of her companies seeking damages.
Ms Taylor alleges the singer infringed on her trademark when she began selling clothes in Australia under the Katy Perry brand.
The matter is set down for a Federal Court hearing before Justice Brigitte Markovic later this year.
In the lead up, Ms Taylor’s lawyers sought a trove of documents related to a previous legal stoush between the two namesakes back in 2009.
Back then, Ms Perry’s management and lawyer were preparing to fight Ms Taylor’s trademark related to the sale of clothing in Australia.
In a June 2009 YouTube Post, Ms Taylor pleaded with Ms Perry to come to a peace deal saying: “I wish you all the success but leave me to carry on my dream” and “I’m absolutely no threat whatsoever to you”.
In a blog post a month later she also said she hoped for a resolution to the dispute.
And on July 19 2009 Ms Perry’s management withdrew their objection to Ms Taylor’s trademark, which was registered two days later.
Ms Taylor now says Ms Perry and her companies violated her trademark by selling apparel in Australia.
As part of the lawsuit, the designers lawyers were seeking a raft of documents, including emails between Ms Perry, her management and lawyers.
Ms Taylor had argued the documents were not protected under lawyer-client privilege.
But Justice Elizabeth Cheeseman on Friday ruled they did in fact attract legal privilege.
“The documents in dispute all comprise confidential communications,” she said.
The matter will proceed to trial on November 29 where Ms Perry is not expected to give evidence.
Originally published as Pop star’s legal win over Aussie designer