Swim Shady: Legendary US rap artist Eminem loses trademark battle with Aussie beachwear brand
The Aussie swimwear brand was locked in a ‘David vs Goliath’ trademark battle with the rap star.
Rap music royalty Eminem has lost a trademark battle against Australian beach brand Swim Shady.
The beachwear company was started by a couple in Sydney and had been involved in a legal stand off with Eminem — whose real name is Marshall Mathers — over their brand name Swim Shady.
The brand was launched in 2024 and sells beach equipment and apparel through an network of more than 50 independent retailers and surf shops across the nation, including several locations in WA.
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By continuing you agree to our Terms and Privacy Policy.The music star, behind hits such as Lose Yourself and Without me, claimed the brand name was trading off his alternative alias ‘Slim Shady’.
But in a stunning turn of events the rap stars claim took a hit this week when the Australian Trade Marks Office ruled that his trademark of the names ‘Shady’ and ‘Shady Limited’ should be removed over lack of use.
The decision was a huge win for owners Jeremy Scott and his partner Elizabeth Afrakoff, in a battle that has been touted as a ‘David v Goliath’ situation.
The rap giant — who had sold more than 200 million albums — has operated a streetwear brand called Shady since the early 2000s as part of his career as a performer.
On Wednesday, trademark adjudicator Benjamin Goldsworthy ruled that the musician did not exercise “actual control” over the sale of goods in Australia using the trademark, as opposed to his label or another business, which the law requires to preserve the use of trademarks.
As a result, Mr Goldsworthy ordered that Eminem’s Shady trademarks in Australia be restricted, meaning Swim Shady would be able to continue selling its beach merchandise.
In a statement shared with the media, Mr Scott said the pair were “delighted” with the decision.
“We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome,” mr Scott said.
“While this is an important milestone for Swim Shady, it is one step in the in the broader trade mark proceedings, and we recognise there are still matters to be resolved.”
