An ongoing trademark dispute between US rapper Eminem and Australian beachwear startup Swim Shady is set to reach its first hearing, with the local brand confirming proceedings are now active across multiple territories.
Swim Shady said the legal battle, which centres on the use of its name, is progressing ahead of the initial hearing, marking the next stage in its dispute with Eminem, whose legal name is Marshall Bruce Mathers III.
The Australian brand indicated the matter is no longer confined to a single jurisdiction, with actions underway in multiple regions as both parties prepare for the upcoming hearing.
Dispute spans multiple markets
At the centre of the dispute is Swim Shady’s name, which Eminem argued is “highly confusingly similar and/or legally identical in sight and sound” to his Slim Shady moniker.
The rapper has challenged the name across Australia, the United States, the United Kingdom, and Japan, opposing the company’s attempts to secure trademark protection across categories including beach canopies, umbrellas, towels, and apparel.
Australian case to be heard this week
In Australia, Swim Shady’s trademark application was accepted by IP Australia in August 2025 before Eminem formally opposed it two months later.
Both parties have since filed evidence, though neither has yet requested an oral hearing.
The matter will take a key step forward this week, with a hearing before the Registrar of Trade Marks scheduled for 1 April. The proceeding relates to Swim Shady’s attempt to cancel two of Eminem’s existing trademarks, “Shady” and “Shady Limited”, on the basis of alleged non-use.
Parallel proceedings overseas
The dispute is also playing out internationally.
In the United States, Swim Shady secured trademark registration in September 2025, prompting Eminem to file for its cancellation shortly after.
In February 2026, the company sought to pause those proceedings while the Australian case progresses, with a decision from the US Trademark Trial and Appeal Board pending.
In the United Kingdom, the opposition process remains ongoing, with both parties submitting evidence and further filings due by April.
In Japan, where the trademark has already been registered, the Japanese Patent Office is reviewing Eminem’s challenge.
“We created Swim Shady to solve a real problem – making sun protection simple, portable and effortless at the beach,” co-founder Jeremy Scott said in a statement to Rolling Stone AU/NZ. “We remain focused on continuing to grow the brand globally.”
Ongoing trademark enforcement
The case is the latest in a series of trademark actions involving Eminem, who has previously challenged brands including clothing label Shadzy and sunglasses company Shady Character.
He has also taken action against Real Housewives stars Gizelle Bryant and Robyn Dixon over their podcast Reasonably Shady, with that matter still ongoing.