Will the Real Swim Shady Please Sit Down?

By: Liam Moore

A legal dispute arose between rapper Eminem and the Australian beach brand, Swim Shady. The rapper argues that this brand’s name is too close to his alter ego, Slim Shady, possibly confusing consumers into thinking that they are affiliated.

The Dispute

Marshall Mathers III launched legal action on September 29, 2025, filing this petition with the U.S. Patent and Trademark Office. Despite trademarking his alter ego in the US in 1999, Eminem only filed the patent in Australia in January 2025. Conversely, Swim Shady originally trademarked their name as “Slim Shade” in Australia in 2023, transitioning to their current name a year later. In early 2025, Swim Shady filed for a U.S. trademark for their name, which was granted weeks before Mathers launched legal action. Mathers now looks to cancel their patents in both America and Australia under the premise that the similarity may confuse his fans.

Eminem's Popularity

Eminem released his first album, Infinite, in 1996. It wasn’t until he signed with Dr. Dre in 1999, that he gained popularity with The Slim Shady LP. Renowned for his controversial lyrics and intricate word play, Eminem has since released 10 more albums, becoming the best-selling rapper of all time with 220 million records sold worldwide. Mathers’ popularity is undeniable: there is no doubt that Slim Shady is a recognizable name across the globe. Thus, a swimwear brand marking such similarity may compel his listeners to purchase their product and associate its quality with the rapper.

The Brand: Swim Shady

Swim Shady is a manufacturer of beach products, including towels, swimwear, bags, and shades. Their mission is to deliver comfortable and stylish products to protect their consumers from the harmful rays of the sun. Swim Shady found quick growth in Australia, eventually registering in other international markets such as Europe and Japan. Upon expanding their scope to America, they encountered their current legal predicament with Eminem. Founder Jeremy Scott, a former National Rugby League executive, said his reaction was, “just disbelief… suddenly one of the biggest superstars in the world slides into your inbox.” This action could mark a turning point in the company’s branding.

Intellectual Property Law

Intellectual property laws, in this case trademarks, protects words, phrases, or logos associated with a brand. This prevents other businesses from using similar branding that may confuse consumers into thinking the brands are related. In the case of Swim Shady, Eminem argues that this name is too close to Slim Shady. This argument is substantive, as Mathers has the patent for his brand in America. Furthermore, by changing their name from Slim Shade to Swim Shady, the Australian brand has displayed both parts of Mathers’ alter ego’s name at times, not just as a rhyme. Swim Shady affirms that they will “defend our valuable property” amidst this filing. The brand has to legally respond to Eminem’s petition before November 28, 2025.

This Petition's Future

Though unresolved, this dispute shows the value of intellectual property law. Is one letter enough to distinguish between a swimwear brand and a rap star? Is this an attempt to parody and profit off of an unaffiliated brand? These questions remain unanswered. What do you think? Does Eminem have valid legal ground, or should Swim Shady be able to continue their operations under that name?

References

Parkel, Inga. “Not the Real Slim Shady: Eminem Sues Australian Beach Brand Swim Shady over Name.” The Independent, Independent Digital News and Media, 19 Nov. 2025, www.independent.co.uk/arts-entertainment/music/news/eminem-sues-swim-shady-trademark-b2867884.html.

Surmonte, Connor. “Will the Real Slim Shady Stand up? Eminem Sues Australian Beach Brand Swim Shady for Trademark Infringement.” New York Post, New York Post, 19 Nov. 2025, nypost.com/2025/11/19/entertainment/eminem-sues-australian-beach-brand-swim-shady-for-trademark-infringement/.