Eminem faced a setback in a legal case against an Australian swimwear company after alleging that their name was too reminiscent of his famous stage persona.
The rapper, known for his ‘Slim Shady’ persona, has a history of legal actions to protect his branding when he perceives it is being infringed upon.
The latest instance involves an Australian swimwear manufacturer.
In 2024, Jeremy Scott, an official at the rugby league team South Sydney Rabbitohs, along with his partner Elizabeth Afrakoff, registered a trademark for ‘Swim Shady’.
Eminem challenged the company in court, asserting that the name was ‘highly confusingly similar and/or legally identical in sight and sound’ to his stage name.
However, the ruling has allowed the company to continue using their name, albeit with certain conditions.
Benjamin Goldsworthy, the Registrar of Trade Marks, ruled that the ‘Slim Shady’ brand is primarily associated with Eminem’s persona and his music and lyrics, rather than other products.
Goldsworthy stated: “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 swimwear business sells various beach items, including towels, swimwear, and bags.
The founders of the company expressed their satisfaction with the decision, stating: “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 likened the legal dispute to a ‘David and Goliath’ scenario.
In a previous statement to the Daily Mail, they mentioned: “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 expressed his surprise at the legal challenge, describing his reaction as ‘just disbelief’.
“We have followed the right process from the start,” he remarked. “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 reached out to Eminem’s representatives for comments.