'Slim Shady' loses trademark battle against 'Swim Shady'
Kit Roberts
Featured Image Credit: Scott Legato/Getty Images
Eminem has lost a legal battle against an Australian swimwear brand after accusing them of coming too close to the name of his iconic stage persona.
The rapper has been known for years as the persona 'Slim Shady', and has previously launched lawsuits when he felt that people had gotten too close to the branding.
The latest of these is an Australian company which manufacturers swimwear.
In 2024 Jeremy Scott, an executive on the rugby league club the South Sydney Rabbitohs, and his partner Elizabeth Afrakoff registered the trademark as 'Swim Shady'.
Advert
Eminem subsequently brought a court case against the company, claiming that it was 'highly confusingly similar and/or legally identical in sight and sound' to the name of his stage persona.
However, it has now been ruled that the business will be able to continue trading under their name, though there will be some caveats.
Registrar of Trade Marks Benjamin Goldsworthy ruled that the 'Slim Shady' trademark is more broadly known as Eminem's persona, as well as being attached to his music and lyrics, rather than being associated with other products.
In his finding, Goldsworthy said: "I accept that 'Shady' has been used to refer to the Opponent as a performer.
"The extent of use of signs containing the word 'Shady' in relation to the Registered Goods is relatively low."
The business is known for selling a range of beach goods, including beach towels, swimwear, and bags.
The company's founders welcomed the decision, saying: "We're grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome.
"While this is an important milestone for Swim Shady, it is one step in the broader trade mark proceedings, and we recognise there are still matters to be resolved."
They had previously referred to the court battle as being like 'David and Goliath'.
In an earlier statement in the Daily Mail, they said: "Defending Swim Shady has always been the only option for us.
"It may be seen as a David v Goliath situation, but we strongly believe in what we've built and that we're on the right side of this. We now look forward to the outcome."
Scott also spoke about his shock at receiving the legal challenge, saying he felt 'just disbelief'.
"We have followed the right process from the start," he said. "How could this happen?
"We got it approved through the normal processes. Then suddenly you have one of the world's biggest international superstars slide into your inbox."
UNILAD has approached representatives of Eminem for comment.