Rapper Eminem has launched legal action against the Australian beach brand Swim Shady, alleging that its name is too similar to his trademarked alter ego, Slim Shady. The lawsuits, filed in the United States and Australia, claim the brand’s name creates a false association and could mislead consumers.
In September 2025, Eminem, whose real name is Marshall B. Mathers III, filed a petition with the United States Patent and Trademark Office (USPTO) to cancel the trademark recently granted to Swim Shady. The petition argues that the brand’s name is confusingly similar to “Slim Shady,” a pseudonym Eminem has used since the late 1990s. According to court documents, Eminem’s legal team stated that Swim Shady’s name could cause consumers to mistakenly believe there is a connection to the rapper. The USPTO has given Swim Shady a deadline to respond to the petition, which is set for next week.
Simultaneously, Eminem has pursued legal action in Australia, where he filed an opposition to Swim Shady’s trademark in October 2024. Swim Shady, based in Sydney, was officially launched in December 2024 and sells products like portable beach umbrellas, swim bags, and towels. The company was originally registered under the name Slim Shade in September 2023 before rebranding to Swim Shady. Eminem only filed for a trademark on “Slim Shady” in Australia in January 2025, after Swim Shady had already established its presence.
Swim Shady’s owners, Jeremy Scott and Elizabeth Afrakoff, have responded to the lawsuits, stating that the company is a “grassroots Australian business” born from a desire to protect people from the harsh sun. In a statement, they said, “We will defend our valuable intellectual property,” but declined to comment further due to the ongoing legal proceedings. The brand emphasizes its focus on sun protection and beach accessories, distancing itself from any intentional association with Eminem.
Eminem’s claim to the “Slim Shady” name is well-established in the US, where he trademarked it in 1999 with the release of his album “The Slim Shady LP.” The name gained fame through hits like “The Real Slim Shady,” which won a Grammy in 2000. His lawyers argue that “Slim Shady” has become distinctive and exclusively linked to his music career. In contrast, Swim Shady has filed non-use applications against Eminem’s other trademarks in Australia, such as “Shady” and “Shady Limited,” claiming they have not been consistently used.
This is not the first time Eminem has been involved in trademark disputes. He is currently fighting a case against the hosts of the “Reasonably Shady” podcast in the US, alleging trademark infringement since 2023. In 2017, he won a copyright case in New Zealand against the National party for using his song “Lose Yourself” in an election ad. These cases highlight his proactive approach to protecting his intellectual property across different jurisdictions.
Australia has seen similar lawsuits from other US rappers. In 2022, Kanye West sued Melbourne’s College Dropout Burgers, but the case was dismissed when he failed to appear in court. Jay-Z settled a case with Australian business The Little Homie in 2019 over a children’s book that used his name and lyrics. These precedents suggest that such disputes can be resolved through mediation or court rulings, often favoring the established artist if confusion is proven.
The outcome of Eminem’s lawsuit against Swim Shady could set a precedent for trademark cases involving parody or similar names in the fashion and entertainment industries. If Eminem succeeds, it might reinforce the protection of celebrity brands, while a victory for Swim Shady could support small businesses in using evocative names. The legal battles are ongoing, with responses due soon in the US, and the Australian opposition proceeding through the courts.
