Skip to content 
Rapper Eminem has failed to oppose an Australia trade mark application for the brand ‘Swim Shady’.
The application was filed by an Australian beachwear brand, founded in 2024. The brand sells beach related items, including towels and swimwear.
The rapper sought to oppose the application filed, on the grounds that it may conflict with his alter ego brand ‘Slim Shady’ and there was a risk of confusion, or a risk that the public may think the brand was endorsed by him.
On consideration of the opposition, the Australian Registrar Of Trade Marks dismissed the claim, backing the application to proceed to registration.
The Registrar declared that the marks held by Eminem, namely ‘Shady’ and ‘Shady Limited’ had not been genuinely used for a number of classes during the relevant period, including for clothing, footwear, bags and leather goods.
As the mark had not been genuinely used, the marks were invalidated for these classes, and remain registered for the classes that have been used. The opposition was therefore dismissed, and the application will proceed to registration.
While this had led to success down under, the matter is far from over as similar challenges have been filed across the world. Time will tell if the parties continue to lose themselves in further litigation.
