A former South Sydney Rabbitohs executive and his partner have found themselves embroiled in a surprising legal battle with one of the world's most famous musicians, American rapper Eminem.
Jeremy Scott, who served as the sponsorship manager for the Rabbitohs between 2004 and 2010, co-founded the Australian swimwear and beach essentials label, Swim Shady, with his partner Elizabeth Afrakoff last year.
The Brand and The Objection
Since its launch, the company, best known for its distinctive Swim Shady beach shades, has experienced significant growth and now ships its products worldwide. However, this success was met with a major legal hurdle.
According to reports, Eminem, whose real name is Marshall Mathers and who also uses the moniker Slim Shady, filed an official opposition to the brand name through IP Australia a year ago. The rap superstar, with a reported net worth of A$380 million, is also understood to be challenging the trademark in the United States.
Mr Scott expressed his shock at the development, stating he and his partner had adhered to all the correct procedures when establishing their company. "Just disbelief," he told The Daily Telegraph. "We have followed the right process from the start. 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."
A David vs. Goliath Fight
Mr Scott, who later worked for marketing agency Dream Team Management after his six-year stint with the South Sydney Rabbitohs, struggled to comprehend the rapper's focus on his small business. "It's hard to fathom really. We're a beach shade in Australia — how can that get the eye or focus of an international rap singer? It's hard to work out," he said.
The couple, who conceived the business idea during the COVID-19 pandemic, are not backing down. They have sought their own legal counsel and have taken proactive steps to protect their intellectual property internationally.
They have utilised the Madrid Protocol, a system that allows for a single trademark registration to cover multiple territories. "We have secured registration across other international markets — the US, Japan and Europe. That shows we have done everything properly," Mr Scott asserted.
Looking Ahead
Prior to the launch of Swim Shady, Eminem already held two trademarks, 'Shady' and 'Shady Limited', in Australia. He also filed for a trademark for the name 'Slim Shady' in Australia this past January, cementing his claim to the branding.
Despite the daunting challenge posed by a legal team representing a global icon, the couple remains resolute. "We have to let it run its course now in Australia," Mr Scott stated. "When you receive notice from one of the world's most famous entertainers, of course, it was confronting. You have to stay focused and keep doing what you do."
The dispute continues, pitting a homegrown Australian business against the formidable intellectual property resources of a music legend.
