Eminem vs. Swim Shady: What Every Business Should Know Before Branding
A recent trademark dispute between hip-hop legend Eminem (real name Marshall Mathers) and an Australian beach umbrella and swimwear company called Swim Shady highlights some of the key pitfalls of brand naming and trademark strategy in today’s global, digitally-connected marketplace.
The Facts in Brief
Eminem is asserting that the use of the name “Swim Shady” by the Sydney-based company (which sells beach umbrellas, towels, swim shorts and bags) is likely to cause confusion with his well-known persona “Slim Shady” and his longstanding use of the mark “Shady.”
The brand Swim Shady was granted a U.S. trademark registration (September 2025) and now faces a cancellation petition from Eminem’s team at the U.S. Patent & Trademark Office.
Eminem also claims rights in Australia for “Shady” / “Shady Limited” (though he only filed for “Slim Shady” in Australia in January 2025) and argues that Swim Shady’s operations there infringe those rights.
Swim Shady disputes the claims and asserts its own rights to the name, saying it is a grassroots company born to address sun-protection issues — and has filed non-use cancellation actions against Eminem’s Australian marks.
What This Means for Brand-Builders
Name confusion can cost you.
Even when a brand seems quite different (beach umbrellas and swim accessories vs music and entertainment), the key isn’t just whether the goods/services overlap, but whether consumers are likely to mistakenly believe there is a connection, endorsement, or origin link. That “likelihood of confusion” is the core test in many trademark regimes. Here Eminem argues that “Swim Shady” suggests an association with his “Shady” identity.
Global footprint matters.
A brand today may be registered or marketed in multiple jurisdictions, and digital commerce means global exposure. The fact that Eminem had U.S. and Australian rights infected this dispute. If you are building a brand with any ambition (even domestic only), it is wise to think about international clearance—not only at launch, but as you grow.
Prior usage and registration help—but are not foolproof.
Eminem’s team claims many years of use and registration of the “Shady” marks. But the adversary (Swim Shady) challenges non-use and argues its own rights. Even with registrations in hand, enforcement often costs time and money. So prevention is still better than cure.
Your brand story and positioning matter.
Swim Shady is claiming a legitimate business story (sun-protection, beach gear) and is defending its mark. But the name similarity still triggered a high-stakes conflict with a high-profile party. Had the naming been more distinctive from the outset (for example, few shared key elements with an established celebrity mark), the risk may have been lower.
Your timing and strategy are crucial.
Filing registrations early, using the mark actively, and maintaining usage are all important. For example: non-use cancellation actions may come into play if a registration lies dormant. A well-timed international filing strategy and monitoring of conflicting marks are part of a thoughtful brand rollout.
What Should You Do Before You Launch Your Brand?
If you are about to launch a new brand, product line, logo, or mark — especially for consumer-facing goods or services — here are some recommended steps:
Conduct a comprehensive trademark search (domestic and, if relevant, international) to identify confusingly similar marks and avoid a likely conflict.
Think about distinctiveness and avoidance of overlap with other established marks, especially celebrity-based, entertainment-industry, or global marks.
File for registration in your primary market (and, if growth is planned, in key secondary markets) as soon as feasible.
Develop a use strategy: use your mark in commerce, maintain specimens, monitor for infringing uses or confusing marks, and be ready to enforce.
Build a brand narrative that reflects your unique value proposition, and accompany that with consistent graphic/packaging/marketing elements that distinguish you.
A Word from Your Friends at Ed White Law
We believe in creativity, entrepreneurship, and doing things the right way—especially when it comes to the intellectual property that powers your business. If you are preparing to launch a new brand, naming a new product line, or contemplating international expansion, now is the moment to act. A little planning now can prevent a lot of grief (and expense) later.
If you would like to explore your naming strategy, perform a clearance search, draft and file a trademark application, or map out your rights enforcement plan — we are here for you.
Call us before you brand.
Let’s make sure your brand is strong, sustainable, and protected. You can reach us at 405-810-8188 or christine@edwhitelaw.com.