In Brief
- The rapper had until 22 July to launch an appeal against the finding in favour of the Australian beach brand.
- The appeal drags out the battle over the US rapper's intellectual property in Australia.
Lawyers for United States rapper Marshall Mathers, better known as Eminem, have filed an appeal after losing a trademark battle against Australian beach brand Swim Shady.
The Australian Registrar of Trade Marks initially ruled in favour of Swim Shady in early July, giving the rapper's legal team until 22 July to lodge an appeal.
The rapper had launched the dispute over similarities to his alter ego 'Slim Shady' — a persona Mathers developed to give voice to his more rage-fuelled raps, such as his controversial 1999 Slim Shady LP album.
The Australian beach brand was founded in 2024 by Jeremy Scott, a former sponsorship manager at the South Sydney Rabbitohs NRL club, and partner Elizabeth Afrakoff, and makes beach shades and accessories.
Documents were lodged with the Federal Court of Australia's Victoria Registry on Wednesday afternoon.
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The rapper's legal team, Davies Collison Cave, has been contacted for comment.
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Eminem's legal team claimed Mathers has used the word 'Shady' in his promotion since 1999, with the rapper launching an associated clothing brand called Shady Limited.
In Australia, Eminem has owned the trademarks "Shady" and "Shady Limited" for use in merchandise since 2002.
It wasn't until January 2025, however, that the rapper filed for trademark rights to "Slim Shady" — a month after the launch of the Australian company.
Intellectual property law firm Meyer West IP, acting for Swim Shady, filed a 'no-use' application for a partial removal of the rapper's trademarks, arguing that they hadn't been used in Australia for the previous three years.
The judge was not satisfied Eminem demonstrated sufficient control over his image and his business enterprises, and saw no evidence of "direct use" of his trademarks in Australia during the three-year period.
The US mogul was ordered to pay Swim Shady's legal costs.
"Elizabeth and I are delighted with today's decision," founder Scott told Rolling Stone in a statement at the time.
"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."
SBS News has contacted Swim Shady for comment.
'Eminem Esque'
In 2017, Eminem took New Zealand's National Party to the Wellington High Court over their use of his track 'Lose Yourself' in a political campaign.
The High Court ordered the National Party to pay NZD$600,000 ($499,000) in damages to Eminem after using a version of the iconic guitar riff, drum beat and sparse piano melody of Lose Yourself in a re-election campaign for former prime minister John Key.
The production music track was called "Eminem Esque".
The battle made it to US late-night talk show Last Week Tonight, where host John Oliver called it "unquestionably the lamest rap beef since Lil Wayne's five-year feud with William H Macy".
Eminem isn't the only celebrity to launch a trademark battle in Australia.
An 18-year trademark dispute between pop singer Katy Perry and Australian fashion line Katie Perry ended in 2026 after the High Court found the designer was not in breach of trademark laws.
The pop singer initially won her case in the Federal Court, only to lose on appeal.
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