Australian Beach Brand Swim Shady Advances in Trademark Dispute With Eminem

Swim Shady’s trademark battle with Eminem has advanced in Australia, following a hearing before the Registrar of Trade Marks yesterday (April 1st).

Proceedings in the ongoing legal fight against the US rapper, real name Marshal Bruce Mathers III, took a key step forward locally, concerning Swim Shady’s attempt to cancel two of Eminem’s existing trademarks - “Shady” and “Shady Limited” - on the basis of alleged non-use.

Yesterday, the non-use proceedings were heard before the delegate, running approximately 2 hours and 15 minutes. Swim Shady said they were "very pleased" with how it unfolded, as well as "the strength of our case".

"We’ve been very thorough in our preparation, and we believe that showed yesterday," they said in a statement.

“Defending Swim Shady has always been the only option for us. It may be seen as a David v Goliath situation, but we strongly believe in what we’ve built and that we’re on the right side of this. We now look forward to the outcome.”

A decision regarding the non-use hearing is expected within the next two-13 weeks.

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 famous Slim Shady moniker. Alongside Australia, Eminem has challenged the name in the US, the UK, and Japan. The rapper is opposing the company’s attempts to secure trademark protection across a range of products, including beach canopies, umbrellas, towels, and apparel.

In Australia, Swim Shady’s application was accepted by IP Australia, the federal government agency that administers intellectual property rights and legislation for patents, trademarks, and design rights, in August 2025 before Eminem formally opposed it two months later. Both sides have since filed evidence, though neither has yet requested an oral hearing.

The battle is playing out simultaneously overseas. In the US, Swim Shady successfully registered its trademark in September 2025, prompting Eminem to file for its cancellation shortly after. In February 2026, the company moved to pause those proceedings while the Australian case unfolds. The US Trademark Trial and Appeal Board's decision is still pending.

In the UK, the opposition process is ongoing, with both parties submitting evidence and further filings due by April. Meanwhile in Japan, where the trademark has already been registered, the Japanese Patent Office is reviewing whether Eminem’s challenge has merit.

“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.”

This is far from the first time Eminem has petitioned to protect his trademarks. He previously took on a clothing company called “Shadzy”, a sunglasses brand called “Shady Character”, and recently took on Real Housewives stars Gizelle Bryant and Robyn Dixon over their efforts to get a trademark for their podcast, Reasonably Shady. That case remains ongoing.