Eminem took Australian swimwear brand ‘Swim Shady’ to court, but Slim Shady has lost the trademark battle

The legal team representing Eminem has officially lost a trademark battle against an Australian swimwear brand. The dispute centered on the brand name Swim Shady, which the rapper felt was far too close to his own iconic alter ego, Slim Shady. After a lengthy legal process, the ruling has cleared the way for the Australian business to continue using its name, marking a significant victory for the small company based out of Sydney’s Northern Beaches, as reported by Nine.

The company, founded by Jeremy Scott and his partner Elizabeth Afrakoff in 2024, specializes in a variety of beach-ready goods. When the legal challenge first arrived, the founders were understandably taken aback. Jeremy Scott noted he felt disbelief when the challenge landed in his inbox. He mentioned that they had followed the proper legal channels from the very beginning and were shocked to find themselves in a dispute with one of the world’s biggest international superstars.

The case was presided over by Registrar of Trade Marks Benjamin Goldsworthy. In his decision, which was delivered on a Wednesday, Goldsworthy ruled that Eminem’s existing trademarks in Australia simply weren’t broad enough to cover the types of products being sold by the swimwear brand.

Swim Shady will be able to keep on using their name

One of the key findings in the ruling was that the words associated with the rapper’s persona had not been used on merchandise like clothing, bags, or footwear during the relevant period. Goldsworthy also pointed out that there were only a handful of recorded sales of products trademarked as Slim Shady in Australia, and he concluded that the rapper did not exercise actual control over the sales of those specific goods.

In his official finding, Goldsworthy stated, “I accept that ‘Shady’ has been used to refer to the Opponent as a performer.” However, he balanced this by adding, “The extent of use of signs containing the word ‘Shady’ in relation to the Registered Goods is relatively low.” Ultimately, the registrar determined that the Slim Shady trademark is primarily recognized as a persona linked to the rapper’s music and lyrics, rather than being a brand identity for physical products like swimwear.

For the founders of Swim Shady, the ruling is a massive relief. They had previously described the legal struggle as being a classic David and Goliath scenario. In an earlier statement, they noted, “Defending Swim Shady has always been the only option for us. It may be seen as a David v Goliath situation, but we strongly believe in what we’ve built and that we’re on the right side of this. We now look forward to the outcome.”

Following the decision, the pair shared their thoughts, saying, “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 trademark proceedings, and we recognise there are still matters to be resolved.”

It’s worth noting that the timeline of these trademarks is pretty interesting. While Eminem has held rights to the names Shady and Shady Limited in Australia since 2002, the specific phrase Slim Shady wasn’t actually trademarked as a phrase in the country until January 2025. That was a full month after the Swim Shady brand had already launched. This timing definitely played a role in the registrar’s final decision.

Eminem, whose real name is Marshall Mathers III, is well known for aggressively protecting his intellectual property. With a net worth exceeding $400 million, he has been involved in several high-profile legal fights over the years regarding his likeness and his massive music catalog.

For instance, he once sought more than $100 million from Meta, alleging that the company behind Facebook, Instagram, and WhatsApp used 243 of his songs without getting the proper permission. He also famously won a $600,000 payout in 2017 after taking a New Zealand political party to court for using a version of his hit track Lose Yourself.

Despite that track record of success, this particular effort to block the Australian brand has hit a wall. As part of the recent ruling, Eminem’s team has been ordered to cover the legal costs incurred by Swim Shady. While this looks like the end of the road for this specific challenge, the rapper has until July 22 to lodge an appeal if he chooses to keep fighting.

For now, though, the Australian beach brand is celebrating a win that allows them to keep their name and continue selling their gear to customers.