Eminem’s lawyers filed an appeal against the decision limiting protection for his Shady trademarks in Australia.
Legal ruling
Several weeks ago, trademark adjudicator Benjamin Goldsworthy closed a chapter in a legal dispute between Australian beachwear brand Swim Shady and Eminem’s legal team over the Swim Shady/Slim Shady resemblance. He ruled in favour of Swim Shady. The official’s reasoning was that while Marshall Mathers holds the trademarks on the term “Shady” and “Shady Limited” in Australia, the adjudicator found no evidence of direct use of the marks on certain types of merchandise such as clothing, bags, and footwear.
Interestingly, while “Shady” and “Shady Limited” have been registered in Australia since 2002, Em’s team filed to register “Slim Shady” in Australia only in January 2025, a month after Swim Shady launched.
In any case, the decision was made, the “Shady” trademarks were stripped of clothing and merchandise protections, and Eminem was ordered to pay Swim Shady’s legal costs.
Slim Shady fights back
Obviously, Marshall’s lawyers have not accepted the defeat. They waited until the appeal deadline before filing and lodged documents with the Federal Court of Australia’s Victoria Registry last week. Davies Collison Cave, a specialist patent and trade mark firm, represents his interests in Australia. They have a stellar reputation and might salvage the situation, which is important in a wider context.
The Australian dispute with Swim Shady is just one part of a wider international trademark fight, as the Australian brand has filed for “Swim Shady” trademarks in several other countries. At the same time, Eminem’s team has also moved to oppose the brand in markets including the UK, US, and Japan. Now, the Australian outcome can shape the wider fight, even if each country will decide the issue under its own trademark rules.