Can You Borrow Celebrity Stardust for Your Brand?

Can You Borrow Celebrity Stardust for Your Brand?

Creative Ideas, Legal Risks – and What the Katy Perry Case Tells Designers and Businesses

From pun‑filled café names to Taylor‑Swift‑style captions and Harry‑Potter‑inspired pyjama prints, creative businesses are constantly looking for clever ways to tap into celebrity culture. A playful nod to a famous singer, actor or fictional world can feel like a smart branding move: it grabs attention, signals your vibe instantly and can make your products highly “shareable” on social media. For designers, agencies and brand‑driven businesses, it seems like a natural creative instinct.

But there is a hard legal edge behind the fun.

The Katy Perry v Katie Perry trade mark battle, and years of enforcement around unlicensed Harry Potter themes and merchandise, show how quickly “cheeky” references to celebrities and franchises can become trade mark infringement, copyright issues and misleading and deceptive conduct. At DesignWise Legal, powered by Sharon Givoni Consulting, we regularly advise creatives who want to ride the cultural wave – without being wiped out by a legal letter.

Why celebrities and fictional worlds are legally “loaded”

Celebrity names, logos and images are often protected by multiple layers of rights: trade marks (for names, logos and certain brand elements), copyright (for photos, artwork, films, characters) and consumer law (where branding or marketing suggests false endorsement). Likewise, fictional universes like Harry Potter, Star Wars or Marvel are heavily protected, not just in books and films but across clothing, accessories, events and experiences.

That means that when you:

• name a product or collection after a celebrity
• create artwork or graphics that closely echo a famous character or franchise
• style your brand to look like an “official” offshoot of a well‑known artist or show
• you are not just being creative – you may also be stepping onto someone else’s legal turf.

The Katy Perry v Katie Perry case is a good example of how complex this can become. On one side, an Australian fashion designer trading under her own name, Katie Perry, with a registered trade mark for clothing. On the other, a global pop star, Katy Perry, whose reputation spans music, live shows, fashion and merchandise. The dispute turned on who had the stronger trade mark rights in Australia for clothing, not who was more famous worldwide.

What the Katy Perry case shows creative businesses

The High Court ultimately confirmed that a properly registered, earlier trade mark can stand firm even when a later‑arriving celebrity is far better known. Fame is not a “magic eraser” for existing rights. For creative businesses, that means:

If you were genuinely there first, and you have registered your trade mark in the right classes, the law can still protect you against a later famous user.

Conversely, if you build a brand that leans heavily on someone else’s existing name or persona (without permission), you are likely to be the one with the weaker position – even if your twist feels clever or distinctive to you.

This matters especially in fields like fashion, graphic design, branding, hospitality and product design, where naming and visual language are central to the offering.

The Harry Potter problem: “inspired by” can be a problem

Examples around the Harry Potter franchise illustrate the same principle from the other direction. Over the years, unlicensed businesses have tried to run Potter‑themed events, sell Hogwarts‑style scarves and pyjamas, or create “wizard school”‑style parties. Some of these have attracted legal attention from the rights holders, who rely on:

• Copyright – protecting original artwork, character designs, logos and certain visual elements
• Trade marks – protecting names like HARRY POTTER, QUIDDITCH, Hogwarts house names and crests
• Misleading or deceptive conduct laws – where the overall look and feel suggests an official connection or endorsement that does not exist

For creatives, this is the key takeaway: you do not need to copy a logo pixel‑for‑pixel to have a problem. A combination of similar names, colours, graphics and themes can be enough to raise a legal risk if an ordinary consumer could reasonably think, “Oh, this must be official Harry Potter merch” or “This must be linked to [celebrity X]”.

When “cheeky” becomes costly

From a creative perspective, a parody, homage or “wink” to a famous person can feel light‑hearted. But the law is more interested in:

• how close the name, logo or design is to the original
• whether the famous party has registered trade marks in relevant classes
• whether consumers are likely to be confused or misled into thinking there is an endorsement, licence or collaboration

That is where things can go wrong for small brands:

• Take‑down demands – being required to stop using the name or design, pull products from sale and rebrand quickly
• Stock write‑offs – unsold packaging, printed garments or signage that can no longer be used
• Reputation damage – appearing unprofessional or “copycat” in the eyes of customers or peers
• Legal costs – negotiating a resolution or, in the worst case, defending a claim

All of this can come from a reference that felt minor or playful at the design stage.

When being first actually helps you

The Katy Perry case is an important counter‑example. The designer, Katie Perry, was not trying to reference the pop star; she was using her own name, and she registered it for clothing before the celebrity’s clothing was sold in Australia. That timing and registration were crucial.

For creatives, the positive lesson is:

• If your brand is genuinely your own creation
• And you register your trade mark early for the right goods and services

The law can give you a strong platform, even if a much bigger name later steps into a similar space. Being first and being registered can put you on surprisingly firm ground – but only if the filing work has been done properly.

Why use a lawyer for trade marks?

It is easy to think: “I’ll just file the application myself – the form looks simple.” Many creative businesses do this to save money. The risk is that the real complexity sits behind the form:

• choosing the right classes and wording for your current and future offerings
• assessing prior trade marks that might conflict with your brand
• understanding whether your name or concept is too descriptive to be registrable
• planning for future extensions – for example, from design services into products, or from Australian markets into overseas ones

Common DIY problems include:

• picking classes that do not actually cover what you are selling
• leaving out key goods or services that you later expand into
• filing terms that are too broad or too vague, attracting objections
• missing earlier trade marks that could block your application or later be used against you

Often, these issues only surface when an objection or a letter of demand appears – by which point your brand is already on your website, social media, swing tags and packaging.

How DesignWise Legal (powered by Sharon Givoni Consulting) can help

Our work at DesignWise Legal sits at the intersection of creativity and compliance. We act for designers, agencies, fashion labels, illustrators, digital studios and brand‑led businesses who want to:

• build original, distinctive brands
• avoid stepping on the toes of celebrities and franchises
• protect their own names, logos and visual identities early

We can help you:

• assess whether a concept that nods to a celebrity or fictional world is too close for comfort
• clear and register your own brand names, logos and slogans in Australia and key overseas markets
• respond if you receive a legal letter claiming trade mark or copyright infringement
• develop brand guidelines that keep your team and collaborators on the right side of the line

The goal is not to kill creativity – it is to give you the confidence to be creative within a legally safe space.

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Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.