The real Slim Shady? Eminem files a lawsuit against Australian company Swim Shady for trademark infringement | Eminem

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Eminem has sued Australian beach brand Swim Shady, claiming its name is too close to that of his alternative brand Slim Shady.

The 53-year-old rapper, whose real name is Marshall P. Mathers III, filed a petition to cancel Swim Shady’s US trademark days after it was successfully granted by the US Patent and Trademark Office (USPTO) in September.

Eminem’s petition to the US Patent and Trademark Office argues that the name Swim Shady could cause confusion and that it falsely suggests he has ties to the Sydney-based company, which sells sun protection umbrellas, swim bags, towels and shorts.

The rapper also claims his trademark in Australia has been infringed by Swim Shady, which launched as a business in Australia in December last year.

Eminem’s legal team filed its opposition to the company’s trademark in Australia in October 2024.

Swim Shady owner Jeremy Scott confirmed the legal action to Guardian Australia and said the company would fight the claims.

“Swim Shady is a grassroots Australian company born…to protect people from the harsh Australian sun,” Scott said in a joint statement with partner Elizabeth Avrakoff.

“We will defend our valuable intellectual property.

“As the matters are before the court, we do not propose to say more at this time.”

Prior to launching Swim Shady, Eminem held trademarks in Australia for Shady and Shady Limited but not Slim Shady. He subsequently registered a trademark for Slim Shady in Australia in January 2025.

Swim Shady has since filed non-use orders against Eminem’s Shady and Shady Limited trademarks in Australia, arguing that they have not been used on an ongoing basis.

Eminem is also currently battling Reasonable Shady podcast hosts, Gizelle Bryant and Robin Dixon, alleging trademark infringement in a case that has been ongoing since 2023.

He successfully won NZ$600,000 (AU$535,000/£315,000) in 2017 after New Zealand’s High Court ruled that the ruling National Party infringed the rapper’s copyright in a 2014 election campaign ad that used strains of his song “Lose Yourself”.

Eminem is not the first rapper to get into a trademark battle with an Australian company. In 2022, Kanye West launched legal action against Melbourne burger shop College Dropout Burgers, but the Australian Federal Court dropped the case in 2023 after the rapper and his legal team failed to appear.

In 2019, Jay-Z filed a lawsuit against Australian company The Little Homie, claiming that it infringed his intellectual property through a picture book titled AB to Jay-Z. An AB ad to Jay-Z read: “If you’re having trouble with the alphabet, I feel bad for you son, I’ve got 99 problems but my ABC’s ain’t one!”

The case was settled after mediation, with Little Homie agreeing to no longer use Jay-Z’s name or lyrics.

The Guardian has contacted Eminem’s lawyer for comment.

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