Eminem Takes Legal Action Against ‘Swim Shady’ Beach Umbrella Brand: ‘Confusingly Similar’

Eminem has launched a legal battle with an Australian beach umbrella brand called “Swim Shady,” claiming the company is just imitating his “Slim Shady” alter ego.

The rapper, whose real name is Marshall Mathers, is fighting a legal action at the U.S. Patent and Trademark Office, seeking to cancel an American trademark that the Sydney-based Swim Shady secured on its name earlier this year.

Eminem’s attorneys say the similar-sounding name “uniquely and unmistakably” points to the “internationally renowned recording artist and entertainer” – and that customers will be “deceived” into thinking he’s somehow involved.

“The petitioned mark is highly similar to petitioner’s name,” his lawyers write in their September petition, obtained by Billboard. “Consumers and potential consumers, and anyone seeing one of respondent’s products in the marketplace … will assume that the source of the goods emanates from [Eminem].”

Eminem debuted the Slim Shady name in 1997, using it for an aggressive alter ego that explores darker and more violent subjects. His 1999 album The Slim Shady LP, which reached No. 2 on the Billboard 200, focused heavily on the name, including his breakout “My Name Is” and his smash hit “Real Slim Shady” that reached No. 4 on the Hot 100.

The star has had “Slim Shady” registered as a federal trademark since 2001, holding rights to the name covering a wide range of goods. And he’s not afraid to enforce those rights: In 2023, he filed a similar case against Real Housewives stars Gizelle Bryant and Robyn Dixon over their efforts to get a trademark for the name of their “Reasonably Shady” podcast.

Swim Shady launched earlier this year to sell a small, foldable beach umbrella – a product it says is aimed at “solo beachgoers who wanted better sun protection without the hassle.” And the company has big plans: According to its website, it is seeking or has secured trademarks for that name around the globe, including in China, the U.S. and the European Union.

In September, the USPTO formally granted the company an American trademark registration for its name, covering both beach gear and a wide assortment of apparel. Such a registration makes it easier to sue someone selling a knock-off brand and allows a company to use the ® symbol.

But Eminem’s lawyers, in their Sept. 29 petition, say Swim Shady’s trademark never should have been registered. Such cases, filed with the PTO’s Trademark Trial and Appeal Board, are a common way that brand owners prevent others from securing rights to their names.

Eminem knows that process well. Since 2003, his lawyers have filed at least six such cases at that trademark dispute body — including not just the Real Housewives case but also one against an apparel brand called “Shadzy” and another against a sunglasses brand called “Shady Character.”

Many other superstar artists have taken similar proactive measures to defend their names against similar-sounding trademarks filed by third-parties, which are cheap to file and sometimes slip through the approval process. Taylor Swift filed a case in 2017 to block a “Swifty” trademark; Jay-Z has filed more than ten over the years.

Such cases don’t legally stop a company like Swim Shady from using a brand name on their products, but merely from securing their own trademark rights to it; only a full-fledged federal lawsuit can shut down an infringing company. But in his new case, Eminem suggests that he thinks Swim Shady’s use of the name violates his rights.

“Petitioner is and will continue to be damaged by any sale or any offering for sale of Swim Shady goods by respondent, since there will exist a false association and suggestion as to the source of the goods involved,” his lawyers write. “Any inferior quality of respondent’s goods will damage the reputation of petitioner’s premium goods and services.”

Reps for both Eminem and Swim Shady did not immediately return requests for comment.