Rap Legend Takes Legal Stand Against Australian Beach Brand
International music icon Eminem has initiated legal proceedings against Australian beach accessories company Swim Shady, alleging that their brand name bears too close a resemblance to his famous alter ego, Slim Shady. The legal confrontation represents another chapter in the ongoing struggle between global celebrities and smaller businesses over trademark rights.
The Legal Battle Unfolds Across Continents
The 53-year-old rapper, legally known as Marshall B Mathers III, filed a formal petition to cancel Swim Shady's US trademark just days after it received approval from the United States Patent and Trademark Office in September 2024. Eminem's legal team contends that the Australian company's name could create consumer confusion and falsely suggest an endorsement or connection to the renowned artist.
Swim Shady, based in Sydney, specialises in sun protection products including umbrellas, swim bags, towels and shorts. The company launched its operations in Australia in December 2023, positioning itself as a solution for protection against the harsh Australian sun.
Jeremy Scott, owner of Swim Shady, confirmed the legal action to Guardian Australia and indicated the company's intention to vigorously defend their position. "Swim Shady is a grassroots Australian company that was born to protect people from the harsh Australian sun," Scott stated jointly with his partner Elizabeth Afrakoff. "We will defend our valuable intellectual property."
Complex Trademark History and Additional Challenges
The legal landscape becomes increasingly complex when examining the existing trademark registrations. Prior to Swim Shady's market entry, Eminem held trademarks for 'Shady' and 'Shady Limited' in Australia, but notably not for 'Slim Shady'. Following Swim Shady's launch, the rapper filed for a 'Slim Shady' trademark in Australia during January 2025.
In a strategic countermove, Swim Shady has submitted non-use applications against Eminem's existing 'Shady' and 'Shady Limited' trademarks in Australia, arguing they haven't been consistently utilised in commerce.
This isn't Eminem's first venture into trademark protection litigation. The rapper is concurrently engaged in legal action against the hosts of the 'Reasonably Shady' podcast, Gizelle Bryant and Robyn Dixon, in a case that has been ongoing since 2023.
Historical Precedent in Australian Rap Legal Battles
Eminem joins a growing list of American rappers who have pursued legal action against Australian businesses. In 2022, Kanye West initiated proceedings against Melbourne's College Dropout Burgers, though the case was ultimately dismissed by Australia's federal court in 2023 when West and his legal representatives failed to appear.
Similarly, in 2019, Jay-Z filed a lawsuit against Australian enterprise The Little Homie, claiming intellectual property infringement related to their picture book titled 'AB to Jay-Z'. The promotional material for the book cleverly adapted Jay-Z's lyrics: "If you're having alphabet problems I feel bad for you son, I got 99 problems but my ABC's ain't one!" The dispute reached resolution through mediation, with The Little Homie agreeing to cease using Jay-Z's name and lyrics.
Eminem has previously demonstrated his commitment to protecting his intellectual property. In 2017, he successfully secured NZ$600,000 (approximately AU$535,000 at the time) from New Zealand's National party after their 2014 election campaign advertisement incorporated elements of his hit song 'Lose Yourself' without authorisation.
As both parties prepare for legal proceedings, the outcome of this trademark dispute could establish significant precedent for international intellectual property protection and the boundaries between celebrity personas and business branding.
