Aussie Creatives Who Used Trademarks to Build (and Protect) Their Brands

Cotton On: Building a Global Fashion Empire with IP in Its Corner

You know Cotton On. It’s everywhere, from Bondi to Barcelona. But what you might not know is that one of the secrets to their success is a strong IP game. 

As the business expanded, Cotton On didn’t just trademark the parent name, they locked down sub-brands like Typo, Factorie, Supre, and Rubi too. Each of these was protected under different trademark classes and in multiple countries, allowing the brand to expand globally without running into unexpected trademark conflicts or nasty rebrand situations.

Takeaway: Trademarking early and thoroughly can help you grow with confidence, especially if you’re thinking globally. It's a layer of protection, sure, but it’s also a signal that you’re serious about your brand.

UGG Since 1974: The Battle Over a Very Aussie Name

UGG Since 1974, based on the Gold Coast, has been making sheepskin boots for decades. The term “ugg” was once considered generic in Australia. So they kept the name, proudly Australian, and registered it locally. 

Meanwhile, American company Deckers Outdoor Corp. snagged the global trademark rights. The result? UGG Since 1974 had to rebrand to Since 74 in international markets. Even their social handles had to change. Ouch.

Takeaway: Just because a name works in Australia doesn’t mean it’s safe (or yours) overseas. Trademarks are territorial. If you're growing your online business globally, get your trademark ducks in a row across the markets you want to serve.

Katie Perry vs. Katy Perry: Name Trouble in Court

Sydney-based designer Katie Taylor launched her fashion brand “Katie Perry” in 2008 and importantly registered the trademark. But then the actual Katy Perry (you know, Firework Katy) came to town, using her name on merchandise for a tour. Legal battle ensued. 

Initially, the Aussie Katie won. Her trademark was valid, and the court ruled in her favour. But in late 2024, the High Court reversed the decision, deciding the pop star could continue using the name, citing prior international use and brand reach.

Takeaway: Even if you have a registered trademark, you can still run into trouble, especially if the other party has deep pockets and global clout. That said, without that registration, Katie wouldn’t have had a leg to stand on. In other words: protect your business, even if your name’s on the line.

In & Out Aussie Burgers: When Similar Isn’t Safe

In-N-Out Burger is a cult-favourite American fast-food brand, known for its minimalist branding and secret menu. So when a Queensland ghost kitchen launched In & Out Aussie Burgers for UberEats, you can imagine what happened next. 

The US company issued a cease-and-desist, and the Aussie outfit had to rebrand almost immediately. They hadn’t just tiptoed near the line, they’d jumped right over it.

Takeaway: Even small businesses, yes, even ghost kitchens, can get slapped with trademark infringement if your branding is too close to an existing, registered trademark. Being cheeky with your brand name might seem fun… until you get a legal letter.

Tutuby You: Legal Protection on a Startup Budget

When Steph Young and Emily Murray started their children’s wear label, they originally called it Tutu by You. After getting some legal advice, they changed the name to Tutuby You and registered it as a trademark, spending less than $600 for a full 10 years of brand protection. 

That simple move gave them peace of mind as they grew their online presence, started wholesaling, and looked into retail expansion. It also meant they could say, confidently: “This brand? It’s ours.”

Takeaway: Trademarking doesn’t have to be expensive. It’s one of the best investments you can make in your business, especially if you’re building something creative, custom, and uniquely yours.

What These Trademark Stories Teach Us About Running a Creative Business

Whether you're designing fashion, running a coaching business, or selling digital products, here’s what we can learn from these very real trademark moments: 

• Don’t delay: Waiting until you’re “big enough” can cost you, financially and emotionally. 
• Think globally: If you have an online business that serves international markets, trademark protection needs to go beyond Australia. 
• Be distinctive: If your brand looks or sounds too much like someone else’s, it’s not only bad for your identity, it could land you in court. 
• Trademarks ≠ just logos: You can (and should) register product names, business names, taglines, and even course titles. 
• Legal help pays off: A small investment now can save you from a five-figure rebrand later.

Want to Get This Right from the Start?

At Foundd Legal, we’re all about helping creatives and online entrepreneurs protect what they’ve built, with real, legally legit strategies (and a healthy dose of kindness and common sense). 

Let’s be honest, you didn’t start a business to end up in court or rebrand overnight. Our Trade Mark Course (dropping late July) is your no-fluff, creative-friendly guide to protecting your brand the right way.

🎁 Get on the waitlist now and we’ll send you first dibs + cheeky bonuses.