US rapper Eminem loses court battle against Australian brand known for their beach umbrellas

American rapper Eminem has been embroiled in court proceedings with an Australian swimwear brand over the right to use the name 'Swim Shady'. 

The 53-year-old, whose real name is Marshall Bruce Mathers III, has lost a trademark battle against the Swim Shady label, who are best known for their beach umbrellas and swimwear. 

Eminem has argued the name 'Swim Shady' is 'highly confusingly similar and/or legally identical in sight and sound' to his iconic Slim Shady persona, forming the basis of his opposition across multiple jurisdictions. 

Swim Shady, founded by former South Sydney Rabbitohs executive Jeremy Scott and partner Elizabeth Afrakoff, filed their Swim Shady trademark in 2024. 

That trademark was opposed by Eminem, who registered the trademarks Shady and Shady Limited since 2002.

However, this week the Registrar of Trade Marks Benjamin Goldsworthy found that the term 'Slim Shady' is more readily recognised as a persona of Eminem, as well as song titles, as lyrics, and as album titles, rather than associated with registered goods.

'I accept that "Shady" has been used to refer to the Opponent as a performer,' Goldsworthy said in his finding.

'The extent of use of signs containing the word "Shady" in relation to the Registered Goods is relatively low.'

Goldsworthy ruled that the Swim Shady trademark could still be used for the brand's beach products, but must be limited to certain goods. 

Swim Shady is known for their beach shades, towels, bags and swimwear, such as shorts. 

Founders Jeremy Scott and Elizabeth Afrakoff were overjoyed by the result. 

'We're grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome,' Scott said.

'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.'

Eminem was also ordered to pay costs relating to the court proceedings. 

In April, the pair referred to their court stoush as a 'David and Goliath' battle.

'Defending Swim Shady has always been the only option for us,' they said in a statement at the time. 

'It may be seen as a David v Goliath situation, but we strongly believe in what we've built and that we're on the right side of this. We now look forward to the outcome.'

Legal battles are also continuing in the UK, with further filings due, while authorities in Japan are reviewing a challenge despite the trademark already being granted there. 

Scott, who previously spent six years at South Sydney before moving into marketing, has already spoken of his shock at becoming entangled in a dispute with one of the world's most recognisable entertainers.

'Just disbelief,' he said.

'We have followed the right process from the start. How could this happen?

'We got it approved through the normal processes. Then suddenly you have one of the world's biggest international superstars slide into your inbox.'

Despite the legal storm, the business continues to grow, with its beach-focused products now reaching customers globally.

'We created Swim Shady to solve a real problem – making sun protection simple, portable and effortless at the beach,' Scott said.

'We remain focused on continuing to grow the brand globally.'

For Eminem, the fight is nothing new.

The rapper has built a reputation for aggressively protecting the 'Shady' brand, which has become one of the most recognisable identities in global music.

Over the years, he has taken legal action against a string of businesses he believes come too close to that branding.

Among them was clothing label 'Shadzy', sunglasses company 'Shady Character', and more recently the podcast 'Reasonably Shady', hosted by reality TV personalities Gizelle Bryant and Robyn Dixon.