Pop star Katy Perry will likely be called to give evidence as she defends an alleged trademark infringement case against an Australian designer, a Sydney court has heard.
The American singer-songwriter, known legally as Katheryn Elizabeth Hudson, is being sued in the Federal Court over the sale of clothing in Australia using her stage name in Myer, Target and a range of online stores.
Sydney-based designer Katie Jane Taylor registered her birth name, Katie Perry, as a trademark for clothing in 2008 and continues to trade under that name, the court heard on Friday.
The pop star and her company, Killer Queen, admit the competing marks are "deceptively similar" but would plead a "good faith" defence, barrister Emma Bathurst said.
Ms Hudson had continuously used the Katy Perry mark since before September 2008, Ms Bathurst said.
The pop star, who shot to worldwide fame in mid-2008 with hit I Kissed A Girl, has applied to split the trial in two to ensure a judge decides whether the trademark infringement has occurred before the question of possible damages and clothing profits are discussed in detail.
The designer's lawyer said there "must be a high likelihood" either the pop star or someone from Killer Queen is called to evidence in both phases of the trial.
The pop star was the owner and director of Killer Queen and may need to give evidence on issues including common design, profitability, one-to-one sales and competitiveness, barrister Richard Cobden SC said.
"If she is to make out the defence of good faith and adopting the mark when Killer Queen was not yet in existence, she must give evidence," Mr Cobden said.
"There's a very high likelihood (that will be needed) at both phases."
The designer argued against splitting the trial, arguing total costs would be lower in the event the infringement was found to have occurred
Justice Brigitte Markovic has reserved her decision on the trial split until a later date.
When filing the case in October 2019, Ms Taylor characterised the case as a "real David and Goliath fight".
Australian Associated Press