Whose Trade Mark Is It Anyway?

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Whose Trade Mark Is It Anyway?

In today’s world, it’s not just bands or big businesses that face ownership drama—it’s almost everyone with a group project or shared workspace. Whether you’re a team of designers building a new collection, artists teaching classes in a shared studio, photographers running collaborative shoots, or consultancies and co-working spaces mixing brains and brands, the question of “who owns the name?” keeps popping up.

Let’s paint a realistic scene: You and your fellow designers rent a co-working space, proudly calling yourselves “Studio Ripple.” Maybe you even launch a pop-up exhibition or teach workshops under that name. A year later, one partner moves on and wants to run “Ripple Studio” in the next suburb, using the same logo and client base. Suddenly, everyone’s asking who really owns the brand, the style, the workshop materials, or even the Instagram handle. That friendly, creative energy can turn frosty.

Fashion Trade Mark Wars

These disputes aren’t limited to small creative ventures. The fashion world has seen some huge fights over brand names—and it shows that anyone, even small designers, can get caught up in trade mark trouble. One of the most famous battles was between Australian designer Katie Perry (whose real name is Katie Taylor) and the American pop star Katy Perry.

Back in 2008, the designer registered KATIE PERRY as a trade mark for her clothing label in Australia—long before the singer’s merchandise arrived here. But when Katy Perry started selling her own clothing during her Australian tours, things got messy. The case went all the way through the Federal Court and then the Full Federal Court, attracting huge media attention.

At first, the Australian designer won the fight, but that victory didn’t last. In 2024, the appeal court ruled in favour of the pop star, cancelling the designer’s trade mark and ordering her to pay costs. The main issues were whether the designer had really used the trade mark properly, whether the registration covered too much, and whether the public might be confused between the two names.

The case made global headlines and showed how even a small fashion label can end up battling one of the biggest names in entertainment. It’s also a reminder that brand protection isn’t just about registration—you need to make sure you use your trade mark correctly and that it won’t be confused with others. Similar clashes have occurred between other major fashion names, including Louis Vuitton, Chanel, and even The Iconic (Australia) in disputes over branding and competing labels.

To read more go here:

High Court to decide on trademark dispute between singer Katy Perry and Sydney designer Katie Perry – ABC News

Pop superstar Katy Perry wins years-long trademark fight with Aussie designer | 7NEWS

The Studio Split: A Case Study

Consider this scenario: Three ceramicists—Sarah, Emma, and Jake—start “Clayworks Collective” in Melbourne. They share a studio, teach weekend workshops, and sell pottery under the collective name at weekend markets. Their Instagram account @clayworkscollective grows to thousands of followers. After two years, Jake decides to relocate to Byron Bay and continue teaching pottery.

Here’s where it gets messy: Jake registered “Clayworks Collective” as a trade mark and business name under his own name when they started, thinking he was just helping with the admin. Now he wants to operate “Clayworks Collective Byron Bay” using the same branding, workshop curriculum, and even some of the social media following.

Sarah and Emma are devastated. They built the brand together, developed the teaching methods collaboratively, and feel the Melbourne studio is the “real” Clayworks Collective. But legally, Jake owns the trade mark.

If one co‑owner quietly registers the shared brand in their own name, do the other founders lose their rights? Can they stop that person from using the name, or are they forced to start again under something new?

Could a simple written agreement have prevented the situation altogether—and if so, what should it have said?

This type of dispute isn’t theoretical—it happens regularly across Australia’s creative industries.

What’s at Stake for Creative Collectives

It’s not just studio partners or design duos either. You’ll see the same issues in creative collaborations between fashion brands, muralists, product designers, digital artists, illustrators, bands, gallery collectives—even influencer pods who crowdsource campaigns and pool resources to run projects.

The risks get even bigger in spaces like co-working hubs, “makerspaces,” and tech innovation labs. When the branding, website domains, or educational program names aren’t clearly owned or licensed, you might end up with copycat operations, ex-colleagues trading on your reputation, or confusion over who can use joint resources down the line.

If you’re launching a collective, creative studio, art teaching venture, or any group project, get in touch with Sharon Givoni Consulting who powers DesignWise. We help and keep it uncomplicated.

Frequently Asked Questions

1. Can multiple people own a trade mark together?
Yes, multiple people can be joint owners of a trade mark in Australia. However, all owners must agree on how it’s used, licensed, or sold. We can write these agreements for you.

2. What’s the difference between a business name and a trade mark?
A business name only lets you trade under that name—it doesn’t stop others from using it. A registered trade mark gives you exclusive rights and legal protection, preventing competitors from using it.

3. What happens if someone registers our collaborative brand without telling the others?
The person listed as the trade mark owner usually has legal control.

4. How can creative partnerships avoid trade mark disputes?
Start with clear written agreements about who owns intellectual property, how decisions are made, and what happens if someone leaves. We can draft these for you.

5. How does DesignWise Legal help creative collectives protect their brands?
We help draft partnership agreements, register trade marks correctly, conduct IP searches, and set up licensing arrangements.

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.