Eminem’s legal team is back in action, filing an appeal after a setback in their trademark dispute against Australian company Swim Shady. The renowned rapper, whose real name is Marshall Mathers, seeks to protect his famous alter ego, “Slim Shady,” from brand confusion.
In early July, the Australian Registrar of Trade Marks ruled in favor of Swim Shady, a decision that didn’t sit well with the rapper’s lawyers. They were given until July 22 to challenge the decision, and they have decisively moved forward with the appeal.
The heart of the dispute lies in the similarities between Eminem’s “Slim Shady” persona and the name of the Australian brand, known for its beach shades and accessories. Mathers created “Slim Shady” to express a more intense side of his music, first showcased in the controversial 1999 album, Slim Shady LP.
Swim Shady, launched in 2024 by former South Sydney Rabbitohs executive Jeremy Scott and Elizabeth Afrakoff, quickly became a recognized name in the world of beachwear. Their lineup includes stylish shades and beach-related accessories, a distinct but contentious name branding moment.
The legal documentation for the appeal was officially submitted to the Federal Court of Australia’s Victoria Registry on Wednesday afternoon, marking the next chapter in this high-profile trademark battle.
The rapper’s legal team, Davies Collison Cave, has been contacted for comment.
Hi! My name is…
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.