"Swim Shady is a grassroots Australian company that was born ... to protect people from the harsh Australian sun," the brand's founder Scott said in a joint statement with his partner, Elizabeth Afrakoff.
Eminem launched legal action against Australian beach brand Swim Shady.
PEOPLE can confirm that the rapper filed a petition to cancel the trademark after it was approved by the United States Patent and Trademark Office (USPTO) on Sept. 29.
In the filing, Eminem (whose real name is Marshall Mathers), 53, argued that due to an alleged "likelihood of confusion" between the brand name and the musician's goods and services, he would suffer "damage and injury" if Swim Shady was permitted to keep the trademark.
"Petitioner's customers and the relevant public are likely to misperceive the Petitioned Mark as one of Petitioner's marks, rather than as a mark of Respondent, and/or believe in error that the goods offered under the Petitioned Mark are offered by, in association with, or under license from Petitioner," the filing alleges.
Eminem claims that the name of the Sydney-based company, which sells beach umbrellas, shades, bags, towels, and swim shorts, falsely suggests he's associated with it.
The "Stan" musician also claims that his trademark in Australia has been infringed by Swim Shady.
"Swim Shady is a grassroots Australian company that was born ...to protect people from the harsh Australian sun," the brand's founder Scott said in a joint statement with his partner, Elizabeth Afrakoff.
PEOPLE can confirm that Eminem's legal team argued against the brand's trademark in Australia in October 2024, per IP Australia.
Scott added that Swim Shady will fight against the claims.
"Swim Shady is a grassroots Australian company that was born ...to protect people from the harsh Australian sun,"Scott told the publication in a joint statement with his partner, Elizabeth Afrakoff.
The statement continued, "We will defend our valuable intellectual property. Given the matters are before the court, we do not propose to say any more at this time."
PEOPLE can confirm that Eminem held trademarks for Shady and Shady Limited prior to Swim Shady's launch, but he filed a trademark for Slim Shady in the country in January 2025, per IP Australia.
The Australian company has since filed non-use applications against Eminem's Shady and Shady Limited trademarks in the country, PEOPLE can confirm via IP Australia.
Attorneys for Eminem declined to comment further to PEOPLE.
Eminem is also currently in a trademark battle against Real Housewives of Potomac stars Gizelle Bryant and Robyn Dixon over the name of their podcast Reasonably Shady, which launched in 2021.
Per the docs obtained by PEOPLE in February 2023, the "Without Me" artist argued that his brand would be damaged if the trademark was approved -- and that it could cause "confusion" for those who have associated him with his Shady and Slim Shady monikers. The proceeding appears to be ongoing.
At the time, reps for Eminem and the podcast hosts did not immediately respond to PEOPLE request for comment.