Rapper Eminem has lost a key round in an Australian trademark dispute after Sydney beachwear company Swim Shady successfully challenged the scope of his “Shady” trademarks in Australia.
by Paul Cashmere
Eminem has suffered a setback in his trademark battle with Australian beach brand Swim Shady after the Australian Registrar of Trade Marks ruled that his “Shady” and “Shady Limited” trademarks had not been genuinely used across several merchandise categories. The decision allows Sydney-based company Swim Shady to continue selling its range of beach products and apparel under its existing name.
The dispute centres on Swim Shady, a business launched in 2024 by Northern Beaches entrepreneurs Jeremy Scott and Elizabeth Afrakoff. The company sells beach merchandise including towels, beach shades, swim bags and swim shorts and has expanded through more than 50 independent retailers and surf shops around Australia.
Eminem, whose real name is Marshall Mathers III, opposed the brand’s use of the name, arguing that Swim Shady was too closely associated with his famous alter ego, Slim Shady, and could lead consumers to believe the products were connected to him.
However, trademark adjudicator Benjamin Goldsworthy found that Eminem’s trademarks for “Shady” and “Shady Limited” had not been genuinely used in Australia for categories including clothing, footwear, bags and leather goods during the relevant period. Evidence presented during the proceedings showed only a handful of Australian sales of merchandise bearing the marks.
Goldsworthy also determined there was insufficient evidence that Eminem exercised “actual control” over the sale of the merchandise in Australia. The ruling noted that the “Shady” name was generally used in conjunction with broader Eminem branding and references to Slim Shady, rather than functioning as a standalone product brand in the Australian market.
The decision means protection for the “Shady” and “Shady Limited” trademarks will be removed from several merchandise categories from August 1, although Eminem retains rights in other areas, including music and electronics.
Timing also proved significant in the case. While Eminem has been publicly associated with the Slim Shady persona for decades, “Slim Shady” itself was not registered as an Australian trademark until January 2025, after Swim Shady had already launched its business.
Scott and Afrakoff welcomed the outcome but noted that the broader dispute has not yet concluded.
“Elizabeth and I are delighted with today’s decision. We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome,” Scott said in a statement.
“While this is an important milestone for Swim Shady, it is one step in the broader trade mark proceedings, and we recognise there are still matters to be resolved.”
The case has attracted attention because of the contrast between one of the world’s biggest recording artists and a small Australian start-up. Eminem has sold more than 200 million records worldwide and has a long history of aggressively protecting his intellectual property and commercial interests.
The rapper has previously pursued legal action over the use of his music and likeness. In 2017, his publishers won a legal action against New Zealand’s National Party over the unauthorised use of a soundalike version of Lose Yourself during an election campaign. More recently, Eminem has reportedly pursued claims against technology companies over the use of his music catalogue.
The Australian ruling may also have wider implications. Trademark law generally requires businesses to actively use registered marks and maintain sufficient control over how those marks are applied in commerce. The finding that Eminem’s merchandising arrangements did not satisfy those requirements could be scrutinised in related disputes.
The Australian proceedings are only one part of a broader international battle. Eminem has opposed Swim Shady trademark applications in multiple territories, including the United States, the United Kingdom and Japan.
For now, Swim Shady remains free to continue trading under its name in Australia, while Eminem’s legal team has until July 22 to appeal the decision.
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