Two Katies may need two court hearings to ponder some very Perry problems.
The trademark trial of pop star Katy Perry and local designer Katie Perry will occur in two parts, an Australian judge has ruled.
Sydney-based designer Katie Jane Taylor - nee Katie Perry - is suing the American singer-songwriter over the sale of clothing in Australia in Myer, Target and a range of online stores.
Ms Taylor continues to trade under her birth name, which she trademarked for clothing in 2008.
That's the same year the pop star - legally known as Katheryn Elizabeth Hudson - shot to worldwide fame with the hit I Kissed A Girl.
Ms Hudson, whose stage name combines her first name and her mother's maiden name, is defending the allegation of trademark infringement and has launched a cross-claim to have Ms Taylor's trademark cancelled.
In a preliminary ruling on Tuesday, Judge Brigitte Markovic agreed with the California Gurls singer that the court should hold two hearings, with the first deciding on liability, eligibility for additional damages and whether declaratory and injunctive relief is required.
The second hearing - on compensation - will not be required if Ms Taylor can't establish liability or the cross-claim is successful, the Federal Court judge said.
"In my opinion, the parties ought not to be put to the additional expenditure of time, resources and cost of preparing the trial on issues of quantum at this stage," she said.
The judge accepted that may extend the length of the case, but will almost certainly shorten the time needed before the case can reach a hearing.
Parties remain divided about whether Ms Hudson will have to give evidence at either hearing.
The pop star relies on the "good faith" defence and was personally responsible for the use of the "Katy Perry" mark before her company Killer Queen was set up in 2009.
That means she would be highly likely to give evidence at trial, the designer argues.
"Whether that is so remains to be seen," Judge Markovic said.
"Clearly (the pop star's solicitor Odette Margaret) Gourley does not anticipate that to be the case at this stage."
The case will return to the Federal Court on April 23 for further trial preparation.
Australian Associated Press
