Australian court limits Eminem trademark, favors Swim Shady

A trademark adjudicator in Australia has ruled against rapper Eminem in a legal dispute with a Sydney beach brand, narrowing the scope of his trademark protections and allowing the company to continue operating. The decision was handed down on Wednesday, July 1, by adjudicator Benjamin Goldsworthy of IP Australia.

The ruling found that Eminem's existing Australian trademarks for "Shady" and "Shady Limited," registered since 2002, had not been genuinely used for a range of merchandise categories, including clothing, bags, and footwear, during the relevant legal period. Evidence presented showed only three recent sales of Shady-branded merchandise to customers in Australia. Goldsworthy also determined the rapper did not exercise the required level of actual control over the sale of such goods in the country, a key requirement for maintaining trademark rights.

The case was initiated by Swim Shady, a company founded by Jeremy Scott and Elizabeth Afrakoff in December 2024. The business sells beach-focused products like umbrellas, towels, swim bags, and apparel through a network of independent retailers. Eminem, whose famous alter ego is Slim Shady, had opposed the brand, arguing the...