Eminem’s Lawyers File Appeal Against Trademark Ruling In Favour Of Aussie Brand Swim Shady

Mary Varvaris

Trademark adjudicator Benjamin Goldsworthy ruled in favour of Northern Beaches brand Swim Shady earlier this month.

Eminem at Optus Stadium, Perth
Eminem at Optus Stadium, Perth(Credit: Jeremy Deputat)
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Just a few weeks after trademark adjudicator Benjamin Goldsworthy ruled in favour of Northern Beaches brand Swim Shady, lawyers for Eminem have filed an appeal.

On Wednesday, 1 July, Goldsworthy accepted that while the US rapper has held the trademarks on the term “Shady” and “Shady Limited” in Australia since 2002, those words hadn’t been used on goods such as clothing, bags, and footwear.

Additionally, Goldsworthy noted that much of Eminem’s “Slim Shady” branding relates to his music career, rather than merchandising, and the rapper himself didn’t exercise “actual control” over the sales of those goods in Australia.

Eminem’s lawyers were ordered to cover the legal costs for Swim Shady, which was ordered to have the Shady trademarks removed from clothing and apply only to a narrow range of items, such as its beach merchandise – selling what the company wanted as planned.

The rapper’s team had until Wednesday, 22 July, to appeal against Goldsworthy’s ruling, and SBS reports that they filed documents with the Federal Court of Australia’s Victoria Registry yesterday. At the time of publication, Eminem’s lawyers haven’t publicly commented on the appeal.

Swim Shady was launched in December 2024 by former South Sydney Rabbitohs sponsorship manager Jeremy Scott and his partner Elizabeth Afrakoff. The company sells several beach-related products, including swim bags, towels, and shorts, alongside its flagship product, the Swim Shady beach umbrella.

In November, it was reported that the rapper (who was born Marshall Mathers and rose to fame in the ‘90s alongside his violent Slim Shady alter ego) had launched legal action against Swim Shady, claiming it had an undeniable link to his trademarked pseudonym.

Upon Goldsworthy ruling in the Australian company’s favour, Scott and Afrakoff told The Music, “Elizabeth and I are delighted with today’s decision. We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome.”

“While this is an important milestone for Swim Shady, it is one step in the broader trademark proceedings, and we recognise there are still matters to be resolved.”