Eminem has lost an Australian trademark dispute against Sydney-based beachwear startup Swim Shady after officials ruled he lacked active commercial use of his apparel marks.
Eminem has lost a landmark trademark dispute in Australia against Sydney-based beachwear startup Swim Shady, with the Australian Registrar of Trade Marks ruling in favor of the boutique brand.
According to Hypebeast, trademark adjudicator Benjamin Goldsworthy found that Eminem failed to demonstrate “actual control” or active commercial use of his “Shady” apparel trademarks in Australia. The ruling removes several key merchandising protections for the rapper in the country.
The decision also noted that Eminem did not apply to trademark his iconic “Slim Shady” name in Australia until January 2025—one month after Swim Shady launched in December 2024.
Founded by Jeremy Scott and Elizabeth Afrakoff, Swim Shady sells premium beach umbrellas, swim bags, towels, and shorts through more than 50 retail locations nationwide.
Eminem’s legal team argued that the name “Swim Shady” was confusingly similar to his longtime alter ego, “Slim Shady,” and claimed the branding could mislead consumers into believing the beachwear company was officially affiliated with the rapper.
