‘David v Goliath situation’: Aussie swimwear brand locked in trademark battle with rapper Eminem

An Aussie swimwear brand locked in a trademark battle with US rapper Eminem has likened the legal drama to a “David v Goliath situation” as the case moves forward.

The renowned American rapper - whose real name is Marshall Bruce Mathers III - has opposed the trademarked name of the brand Swim Shady after IP Australia first approved the trademark in October 2024.

Swim Shady is run by Jeremy Scott, the former brand manager at the South Sydney Rabbitohs.

On Wednesday, a key hearing moved forward with the beachwear brand hitting back by applying to remove Eminem’s own two trade marks SHADY and SHADYLIMITED, on the basis that they have not been used for trade over a particular period of time.

In a statement on Thursday, Swim Shady described the case as a “David v Goliath situation”, sharing they were “very pleased with how the hearing unfolded”.

“We’ve been very thorough in our preparation, and we believe that showed yesterday,” the company said in a statement.

The Australian ruling could set a precedent for ongoing proceedings between the brand and the US rapper internationally.

The Aussie brand was blocked from expanding internationally to the commercial markets of the US, UK, and Japan with separate proceedings in all of those countries still ongoing.

Mr Scott, with his partner Elizabeth Afrakoff, manufacture sun safe beach shades, bags, towels, and swim shorts and launched the brand in 2024 after developing the light bulb moment back in 2021.

Now, their stocked in retailers nationwide and have expanded the list with two stores in Dubai.

The rapper now has a net worth of $250m and has held existing trademarks Shady and Shady Limited, before filing in January last year to trademark Slim Shady in Australia.