Theme Park “Evermore” Files Trademark Infringement Lawsuit over Swift’s Album of the Same Name
On December 11, 2020, Taylor Swift released her ninth studio called “Evermore” (the "Album"). While the Album "debuted at No. 1 on the Billboard charts," and was very popular with her fans and music listeners around the world, a theme park located in Pleasant Grove, Utah was not impressed. On February 2, 2021, Evermore Park, LLC (the "Park"), filed a complaint against Taylor Swift and other entities involved in the release of the Album (jointly referred to as "Swift") alleging infringement of the Park’s trademark rights.
Prior to the the release of the Album, the Park registered a series of trademarks. The Park argues it's trademarks have been ”negatively impacted since (Swift’s) adoption of the EVERMORE trademark” due to "actual confusion in the marketplace regarding the relationship between Plaintiff and Defendants and the source, origin, and sponsorship of Defendants’ goods and services.” The Park claims that “during the week of December 6-12, 2020 (Evermore album release), Evermore’s website traffic experienced a dramatic departure from typical levels” due to the "confusion caused by (Swift's) announcement of (her) adoption of the EVERMORE trademark during this period."
Swift's counsel argues that the Album did not damage the Evermore mark, but rather promoted it. In a letter responding the plaintiff's cease and desist letter, Swift argues that “it is inconceivable that there is any likelihood of confusion between… (the) theme park and related products and Ms. Swift’s music and related products.” Swift also argues that the Park “ha[s] not identified any evidence of actual confusion” and that the Park had taken advantage of the Album's publicity on Twitter (the now-deleted tweets can be found on page three in defendant's letter).
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