A high-stakes David vs Goliath trademark dispute between global rap icon Eminem and small Australian swimwear label Swim Shady is set to continue, after the hip-hop star filed a last-minute appeal against a recent court ruling that favored the local brand.
The conflict centers on the similarity between Swim Shady’s brand name and Eminem’s legendary alter ego, Slim Shady, a moniker the rapper has built a decades-long career around. Lawyers representing Eminem, whose legal name is Marshall Mathers, had previously blocked Swim Shady co-founders Jeremy Scott and Elizabeth Afrakoff’s 2024 application to register their brand as a trademark in Australia, arguing the name infringed on the rapper’s existing intellectual property rights.
Earlier this month, however, Delegate of the Registrar of Trade Mark Benjamin Goldsworthy ruled in Swim Shady’s favor. The decision found that Eminem’s registered trademarks for “Shady” and “Shady Limited” had not been actively used on clothing, footwear, headwear, bags, or leather goods in Australia during the mandatory legal period required to enforce trademark protection. As a result, the court ordered Mathers to cover the small brand’s legal costs stemming from the challenge.
Scott and Afrakoff, the husband-and-wife team behind the Australian beachwear label, welcomed the initial ruling, calling it a key milestone for their young business. Even at the time, however, the pair acknowledged that the legal fight might not be fully resolved, noting that additional proceedings remained pending after the first ruling.
True to that expectation, Eminem’s legal team has now launched an appeal. Documents for the appeal were officially submitted to the Federal Court of Australia’s Victoria Registry on Wednesday, right before the July 22 deadline set in the original ruling. The move means the small Australian brand will have to continue defending its trademark against one of the biggest names in the global music industry, extending a legal battle that has drawn international attention to the clash between a giant entertainment corporation and a local small business.