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ARTICLE · 15 JULY 2026

Will The Real Swim Shady, Please Stand Up?

Boult Wade Tennant LLP
Boult Wade Tennant LLP
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Boult Wade Tennant LLP

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Eminem's legal team has challenged an Australian beach lifestyle brand's trade mark application, arguing that 'Swim Shady' is confusingly similar to his iconic 'Slim Shady' persona. Australia's Registrar of Trade Marks has now ruled on whether the rapper's existing Australian registrations provide sufficient grounds to block the beach brand's application, with the decision turning on evidence of genuine use across merchandise categories.

AustraliaIntellectual Property
Gillian Farmer
Gillian Farmer
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Eminem (Marshall B. Mathers III) has suffered a setback in his dispute with Sydney-based beach lifestyle brand Swim Shady following a ruling by Australia’s Registrar of Trade Marks.

Slim vs Swim – a shady dispute
Swim Shady, a business based on Sydney’s Northern Beaches, filed its SWIM SHADY trade mark in Australia for a range of beach-related products, including portable beach umbrellas, swim bags and other accessories. The brand subsequently launched commercially and has since sought trade mark protection in several overseas jurisdictions, including the United Kingdom, the United States and Japan.

Mathers has opposed Swim Shady’s trade mark applications internationally, including filing proceedings in the United States. His legal team argued that SWIM SHADY is confusingly similar to his well-known Slim Shady persona and could lead consumers to believe there is an association between the parties.

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