Please Stand Up
What businesses can learn from Slim Shady’s trademark dispute with SWIM SHADY
In his songs, Eminem has taken shots at everyone from fellow rappers to Bill Clinton and his own mother.
Now, Eminem has set his sights on a new rival: a trademark application for SWIM SHADY-branded beach shades. In 2024, an Australian company named Swim Shady filed a U.S. trademark application to register SWIM SHADY for goods including bags, sunshades, and clothing. The U.S. application was a designation from an International Registration using the company’s base Australian trademark application, which Eminem also has opposed.
The U.S. Patent and Trademark Office had approved the U.S. application with relatively minor changes and the registration issued for SWIM SHADY on September 23, 2025.
However, days later, on September 29, Marshall Mathers III, a/k/a Eminem, filed a request for cancellation of the registration, arguing that SWIM SHADY is likely to be confused with his SLIM SHADY and SHADY marks, which are associated with the rapper’s violent alter ego Slim Shady. Swim Shady filed a response denying the allegations.
“He’s Known as the Globetrotter”: Using International Registration
For growing businesses looking for an efficient way to gain trademark protection, this case shows some of the challenges of international filing. Despite the name, the International Registration (often called “IR”) is not a single global trademark registration that can be enforced in multiple countries. Instead, it is a centralized filing system that allows a trademark owner in one country to request its rights be extended to other countries. So, for example, instead of filing separate applications in multiple countries through each country’s filing system, Swim Shady was able to file applications in eight countries outside of Australia using the IR filing program.
For many businesses, this is a relatively cost-effective way to pursue trademark registrations in multiple countries. However, applicants should know that their applications will be subject to normal application procedures in each country where they are seeking to extend their rights. For example, even if Swim Shady receives a valid registration in Australia, the company’s trademark rights outside Australia are subject to challenge by Eminem—or anyone else who might claim prior rights—in those “extension” jurisdictions. Here, in addition to the U.S. cancellation request, Swim Shady also has faced challenges from Eminem in the United Kingdom and New Zealand.
The IR is also subject to what’s called “central attack” within the first five years of registration of the base registration. This means that if the base registration—for SWIM SHADY in Australia —is cancelled, all of the extensions will either be cancelled or will need to be transformed into national registrations.
“You better lose yourself in the music, the moment, you own it”
Here are some takeaways from this case for businesses that would prefer not to lose themselves in the trademark application process:
- It’s important to protect your company’s trademarks across borders if you plan to sell internationally. The International Registration can help streamline the process, but rights in one country don’t guarantee rights in another.
- To avoid potential challenges, it’s advisable to search for prior trademark rights in all countries where you are filing an application.
- Clever and playful names can be effective trademarks for the right product. However, poking fun at an existing brand can spell trouble for a newcomer.
Will this be the death of SWIM SHADY? Time will tell.