American rapper Eminem has launched legal action against an Australian beachwear company, Swim Shady, arguing that its name is deceptively similar to his trademarked rap persona, Slim Shady. The dispute centers on claims of trademark infringement and false association, with the case now moving through the United States Patent and Trademark Office (USPTO).
According to filings submitted in September, Eminem, born Marshall Bruce Mathers III, petitioned the USPTO to cancel the trademark previously granted to the Sydney-based beachwear brand. Under U.S. law, Swim Shady must formally respond to the petition by next week or risk losing its trademark protection in the United States.
Eminem’s legal team accused the company of attempting to capitalize on the “distinctive and famous” Slim Shady name. Court documents argue that consumers may be misled into believing the brand is affiliated with or endorsed by the Grammy-winning rapper, who trademarked Slim Shady in the U.S. in 1999 following the success of his breakthrough album The Slim Shady LP.
In a statement to the BBC, Swim Shady said it plans to “defend our valuable intellectual property,” stressing confidence in the legitimacy of its brand. The company, which officially launched in 2024, sells beach accessories such as portable umbrellas, swim bags, sun shades, and other coastal lifestyle products.
The dispute dates back to Swim Shady’s earlier iteration under the name Slim Shade, which was registered as an Australian business name in 2023. That similarity drew the attention of Eminem’s team, particularly when the brand later secured a U.S. trademark for Swim Shady earlier this year. Shortly after the trademark was approved, Eminem’s lawyers filed a petition seeking its cancellation.
Eminem has also taken steps in Australia, filing a formal opposition to the brand name with the country’s intellectual property office. However, documents reveal that while Slim Shady has been trademarked in the U.S. for decades, the rapper only filed for Australian trademark protection for the name in January 2025, more than a year after the Swim Shady business name had been registered locally.
In its response, Swim Shady emphasized its identity as a “grassroots Australian company” born from a need for stylish, functional sun-protection products tailored for the country’s harsh climate. The company said it could not comment further due to the ongoing legal proceedings but insisted that it stands by the originality and value of its intellectual property.
Eminem’s lawyers, however, maintain that the Slim Shady name carries undeniable global recognition, noting that it has been “exclusively associated” with the rapper since his rise to fame in the late 1990s. His 2000 hit The Real Slim Shady cemented the persona in pop culture and earned him a Grammy Award for Best Rap Solo Performance. Over the years, Slim Shady has become a core part of the rapper’s identity, appearing across albums, merchandise, and branding.
The ongoing trademark battle comes at a time when intellectual property disputes involving major entertainers have increasingly drawn international attention. Last year, an Australian court overturned an earlier ruling in a separate, high-profile case involving U.S. pop star Katy Perry and Australian fashion designer Katie Perry. The designer, who sells clothing under her birth name, accused the singer of infringing on her trademark when she sold tour merchandise in Australia in 2014. The case was widely described as a David-and-Goliath legal showdown.
As for Eminem’s case, legal experts note that the outcome may hinge on questions of timing, consumer perception, and the level of similarity between the two names. The petition before the USPTO marks the latest chapter in Eminem’s decades-long effort to protect the Slim Shady brand, one of the most recognizable identities in rap history.
With the deadline for Swim Shady’s response approaching, both sides appear prepared for a lengthy legal battle that could determine whether the Australian brand can continue using its name in the U.S. market or whether Eminem’s claim to the Shady moniker will prevail.
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