What is happening in the Eminem v Swim Shady dispute?
Eminem has launched legal action against the Australian beach brand Swim Shady. Swim Shady's signature product is its 'world-first' portable beach umbrella while it also sells a variety of towels, bags and togs. Current status is:
- Eminem has filed a petition at the US Patent and Trademark Office (USPTO) requesting the USPTO to cancel the company's SWIM SHADY trade mark. He has also filed an opposition to the company's SWIM SHADY trade mark application in Australia
- Slim Shady is an alter ego of American rapper Eminem – described by Time magazine as a 'nightmare projection' and 'raging fantasy id' – from which he has created some of his most acclaimed work. Eminem's single 'The Real Slim Shady' won the Grammy for best rap solo performance in 2000. His Slim Shady EP got him signed to Dr. Dre's Aftermath Entertainment and he achieved mainstream popularity with The Slim Shady LP, debuting at number two on the Billboard 200 in 1999. The alter ego was (metaphorically) killed on his 2024 album, The Death of Slim Shady (Coup de Grâce)
- By way of background, Eminem has been in many high-profile intellectual property disputes before. A domestic example is a copyright infringement claim against the New Zealand National Party whereby the High Court awarded Eminem $600,000 after strains of 'Lose Yourself' were used in a 2014 election advertisement
- Swim Shady is defending its intellectual property and putting pressure on Eminem by going on the offensive to remove Eminem's Australian registrations.
Why is Eminem challenging Swim Shady?
Eminem's petition to the USPTO argues Swim Shady's name could cause confusion with Slim Shady and that it falsely suggests he has links to the Sydney-based company.
In Australia, he is opposing the registration of the SWIM SHADY trade mark on the basis it is too similar to his nickname Slim Shady. Before Swim Shady launched, Eminem held trade marks in Australia for 'Shady' and 'Shady Limited' but not 'Slim Shady'. He subsequently filed an application to register the trade mark 'Slim Shady' in January 2025 which is currently under examination.
Swim Shady has since filed non-use applications against Eminem's 'Shady' and 'Shady Limited' trade marks in Australia.
Pop culture and trade mark disputes: lessons for brands
Other brands with names inspired by famous rap lyrics or pop culture references involving disputes include:
- In 2019, Jay-Z lodged a lawsuit against Australian business The Little Homie claiming it had breached his intellectual property in its picture book AB to Jay-Z. The book read 'If you're having alphabet problems I feel bad for you son, I got 99 problems but my ABC's ain't one!'. The case was settled after mediation in which Little Homie agreed to stop using Jay-Z's name and lyrics
- Kanye West launched legal action against Melbourne burger store College Dropout Burgers. The case was thrown out after West and his lawyers failed to attend court
- Eminem has also been opposing the Reasonably Shady podcast since 2023. The podcast, hosted by former Real Housewives cast members Gizelle Bryant and Robyn Dixon, took its name not from Eminem's alter ego, but the modern slang of 'throwing shade'. Eminem opposed the registration of the mark REASONABLY SHADY, pointing to his own marks for SHADY and SLIM SHADY
- LeBron James' opposition to the registration of the KING JAMES mark for apparel on the basis that his nickname is famously King James
- Taylor Swift's defence of her allegedly infringing use of 'Lucky 13' on merchandise against an owner's registered LUCKY13 mark.
Intellectual property disputes involving pop culture references are increasingly common, both globally and closer to home. As trade marks and other IP rights are leveraged more aggressively, businesses with names or branding inspired by well-known lyrics or personalities need to be aware of the legal landscape – especially around trade mark infringement and passing off.
Recent international cases highlight how legacy artists are vigilant in defending their brands. At the same time, these disputes offer lessons for New Zealand businesses navigating our own IP regime.
Ultimately, careful due diligence and well-informed legal advice are key for businesses developing new brand identities grounded in pop culture. As we continue to see the intersection of music, culture and commerce, understanding these risks is not just prudent but essential.
If you’re considering launching a new brand or have questions about trade mark protection and infringement in New Zealand, please don't hesitate to reach out.
This article was prepared by Sophie Thoreau (special counsel) and Amy Irvine (solicitor).
