Eminem’s team tries to stop the Swim Shady brand by filing lawsuits against it in every country where intrepid Australian entrepreneurs have registered the trademark.
We wrote about this case when the journalist caught wind of it. The case looked simple: an Australian couple started making beach umbrellas and swimwear and took a name, Swim Shady. A former National Rugby League executive who also worked as a sponsorship manager for the South Sydney Rabbitohs, claimed that the company followed all legal steps when registering the brand and that he could not believe that Eminem would have something against it.
Weak defence
Readers could not believe that his shock was sincere. It is difficult to feign ignorance when you try to storm international markets with a name that is glaringly similar to one of the most recognisable names in the world. And the line of defence that presented the company as a humble start-up from Australia stops looking convincing when one learns how many countries they have registered their brand in.
Now, Em’s legal team has to chase all these cases individually, trying to stop this ambitious team from using the name similarity to their advantage. Their argument sounds reasonable, pointing out that the Swim Shady company name is “highly confusingly similar and/or legally identical in sight and sound”. With this, they challenge the name in Australia, the US, the UK, and Japan.
Until now, there have not been any hearings. In Japan, the Patent Office is reviewing the claims, while in the UK, both parties just finished submitting evidence. At the same time, in the US, the process is put on hold until the Australian case receives the ruling.
New developement
Meanwhile in Australia, the Swim Shady execs decided that the best defence is offence and made a countermove. Now they are trying to cancel two trademarks registered by Eminem: “Shady” and “Shady Limited,” claiming they are not in use. The Australian case moves the fastest of all four. In fact, the first hearing will take place tomorrow, April 1, at the Registrar of Trade Marks.
The Swim Shady co-founder made a statement to Rolling Stone AU/NZ, describing their mission “to solve a real problem – making sun protection simple, portable and effortless” and reinstating their intention “to grow the brand globally”. If with this statement he aimed to paint Eminem as a villain who wants every beach-goer to get sunburnt by not letting use his fame for somebody else’s financial gain, then it sounds too blatantly self-serving. It is not too late to come up with a new name. Just don’t try to make it Beach Toys or Wet Zeppelin.
