Eminem, who rarely takes legal losses, has reportedly lost a trademark case against the Sydney-based beach brand Swim Shady.
Australia’s Registrar of Trade Marks ruled in favor of the swim accessories startup, founded by Jeremy Scott and Elizabeth Afrakoff, effectively removing protections for Eminem’s “Shady” and “Shady Limited” trademarks in Australia for clothing and merchandise categories, according to NME.
Adjudicator Benjamin Goldsworthy found that Eminem had not actively used those trademarks in Australia for items like clothing, footwear, bags, and leather goods during the relevant period. The decision is set to take effect on August 1, though Eminem still retains rights to the “Shady” name in other categories such as music and electronics. He also has until July 22 to appeal.
The ruling noted that much of the “Shady” branding in Australia was tied more to Eminem’s stage persona than to a standalone product trademark, with references mainly connected to his alter ego created in the late 1990s.
Eminem had argued that “Swim Shady” was confusingly similar in both sound and appearance to his moniker and could mislead consumers.
“We’re delighted with the decision,” Jeremy Scott said. “We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome.”
He added that while it’s a key win for Swim Shady, the wider trademark dispute is still ongoing.
The Australian ruling is just one part of a broader legal battle, with Eminem also challenging the trademark in the U.S., U.K., and Japan. Earlier this year, he also opposed an attempt by Sydney Anderson to register “The Real Squid Shady” for music-related services, a filing that was later dropped.
