The Australian Registrar of Trade Marks has ruled in favour of Sydney beach brand Swim Shady in its trademark battle over the name Slim Shady (the alter ego of rap superstar Eminem).
Marshall Mathers (hence his stage name), has used his alter ago ‘Slim Shady’ for more than two decades, with the iconic The Real Slim Shady being one of his biggest hits.
Eminem filed a trademark dispute against Swim Shady in 2025, claiming the company name was too closely linked to his own trademarked moniker.
Owners of Swim Shady – from Sydney’s Northern Beaches, Jeremy Scott and his partner Elizabeth Afrakoff – launched the brand in 2024.
The rapper has owned the trademark rights to “Shady” and “Shady Limited” in Australia since 2002. But the term “Slim Shady” was not trademarked as a term in Australia until January 2025, a month after Swim Shady was launched.
Nevertheless, Mathers still argued the Aussies’ use of the term was “highly confusingly similar and/or legally identical in sight and sound.”
The rapper opposed the company’s attempts to secure trademark protection across a range of products, including beach canopies, umbrellas, towels, and apparel.
Last week, the Australian Registrar of Trade Marks found that the “Shady” and “Shady Limited” trademarks registered to Eminem hadn’t been used on clothing, footwear, headwear, bags, or leather goods in Australia.
It was not convinced by evidence submitted that included tour merchandise, website sales figures, and social media posts, and found most of the “Shady” branding was tied to Eminem’s Slim Shady moniker and music career rather than functioning as a standalone product trademark.
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Eminem vs Swim Shady
Mathers’ trademarks will lose coverage for clothing, footwear, headgear, bags, and leather goods from August 1st, though he retains “Shady” for other categories including music and electronics.
He’s also been ordered to pay Swim Shady’s legal costs. Eminem’s team has until July 22nd to appeal.
Swim Shady co-founders Scott and Afrakoff told Rolling Stone Australia:
“Elizabeth and I are delighted with today’s decision. We’re grateful for the careful consideration the Delegate has given to the evidence and are extremely pleased with the outcome.
“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.”
Main image: Eminem on X