By: Editorial Staff, Date: February 16th, 2021
In a strange turn of events, pop superstar Taylor Swift has found herself fighting a lawsuit from a Utah fantasy theme park called Evermore over the name of her latest album – which happens to also be named Evermore. The theme park alleges that the name of Swift’s album is causing “actual confusion,” infringing on their marketing and merchandising, and negatively affecting the park’s online presence. Evermore Park also alleges that both Swift and the park are offering similar merchandise and that Swift’s Evermore merchandise is an infringement on the theme park’s trademark. The park is seeking to receive “not more than $2 million per counterfeit mark,” as well as additional damages, attorney fees, and legal costs.
In a letter responding to a cease and desist letter filed by the park, Taylor Swift’s legal team has called these allegations “baseless” and has argued that there are substantial differences between the products being sold by the two parties despite the common name that the park and album share. The letter also points out that Evermore Park currently owes millions of dollars in construction, mechanic, and landscaping fees and states that “the true intent of this lawsuit should be obvious.”
This case marks the latest in a long line of examples of musicians being sued for intellectual property infringement, though most cases involve the musician being sued by another artist, such as what happened when Katy Perry was sued by Christian rapper Flame over the instrumental line in her song Dark Horse.
Regardless of the industry that you are in, trademark and intellectual property infringement is a troubling concern that can raise its ugly head in the most unexpected of ways. To learn more about how to protect your brand’s intellectual property as well as ensure that you don’t end up on the wrong end of such a lawsuit, be sure to sign up for our upcoming webcast on the topic.
Note: The Knowledge Group continuously produces webcasts on this topic and other hot-button issues relating to Intellectual Property Law to keep you ahead of the curve.