EminemHe may have launched his career as a devastating figure in the world of rap battles, however it’s a battle over a trademark which has left hip hop icon Eminem bested.
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 Northern Beaches brand Swim Shady, claiming it has an undeniable link to his trademarked pseudonym.
The company, which was launched in December 2024 by former South Sydney Rabbitohs sponsorship manager Jeremy Scott and his partner Elizabeth Afrakoff, sells a number of beach related products, including swim bags, towels, and shorts, alongside its flagship product, the Swim Shady beach umbrella.
Upon the news of the lawsuit breaking, it was pointed out that at the time of Swim Shady’s launch, Eminem held two Australian trademarks by way of “Shady” and “Shady Limited”, but did not file an application to trademark Slim Shady in Australia until a month after the company’s launch.
Indeed, it is this sticking point which has seen Swim Shady emerge victorious in their own battle with the rapper.
In the decision handed down trademark adjudicator, Benjamin Goldsworthy on Wednesday, July 1st, it accepted that while Eminem had held the trademark on “Shady” and “Shady Limited” in Australia since 2002, the words had not been used on goods relating to clothing, bags, footwear, and more during the relevant period.
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Goldsworthy noted that much of Eminem’s “Shady” branding was related to his musical career rather than merchandise sales (of which the evidence showed only three were made by customers in Australia for the relevant period), and that the rapper himself did not exercise “actual control” over the sale of these goods in Australia.
As a result, Goldsworthy’s decision ruled that the Shady trademarks in Australia will now be removed from the likes of clothing and only apply to a narrower range of items, effectively meaning that the Swim Shady company can continue selling their beach merchandise as planned.
“Elizabeth and I are delighted with today’s decision,” Scott and Afrakoff said in a statement provided to The Music. “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 trade mark proceedings, and we recognise there are still matters to be resolved.”
Additionally, Eminem’s team have been ordered to cover the legal costs for Swim Shady, and have until July 22nd to lodge an appeal.
