After 25 years, there is still a debate raging over who the real Slim Shady is. Rapper Eminem, real name Marshall Mathers, has filed a petition to cancel the trademark after it was approved by the United States Patent and Trademark Office (USPTO). The brand in question is a Sydney-based company called Swim Shady.
Swim Shady
The artist fears that the painfully punny moniker will create a high “likelihood of confusion” between the beach brand’s name and his alter ego. This customer confusion could cause “damage and injury” to his ventures.
He also claims that his trademarks on Shady and Shady Limited in Australia have been infringed upon. His legal team argued against that trademark in 2024.
“Petitioner’s customers and the relevant public are likely to misperceive the Petitioned Mark as one of Petitioner’s marks, rather than as a mark of Respondent, and/or believe in error that the goods offered under the Petitioned Mark are offered by, in association with, or under license from Petitioner,” the filing reads.
Swim Shady sells beach umbrellas, shades, bags, towels, and swim shorts, a far cry from the Detroit-bred rapper’s aesthetic.
“Swim Shady is a grass roots Australian company that was born out of a desire to produce stylish and effective sun shades and other items to protect from the harsh Australian sun. We will defend our valuable intellectual property,” Swim Shady said in a statement. “Given the matters are before the court, we do not propose to say any more at this time.”
The Australian company has since filed non-use applications against Eminem’s Shady and Shady Limited trademarks in its home country. These are basically challenges that say the mark isn’t being used in commerce, so it should be canceled.
We’ll keep you posted on updates about Eminem’s petition against Swim Shady as the situation develops.
