Taylor Swift is an award winning American singer-songwriter. On 11 December 2020 Swift released the surprise album ‘Evermore’ five months after the release of her album ‘Folklore’.
A US theme park called Evermore caught wind of Swift’s new album and has brought proceedings against Swift for trade mark infringement in the US District Court in Utah.It has been alleged by the owners of the theme park that Swift’s use of the mark “Evermore” is likely to cause confusion in the minds of the public whereby it may be thought the two are linked. The theme park claims that, following the release of Swifts album, it has seen a dramatic decline in footfall on its website.
The owners of the theme park are claiming extensive damages from Swift as a result of Swift selling albums and other merchandise with the use of the ‘Evermore’ mark.
In their response, Swifts legal team have disregarded the theme park’s claim and stated the claim has no basis whatsoever. Swifts team alleges that the theme park owners have suffered no damage as a result of the use of the mark and if anything, it creates an opportunity for the theme park to take advantage of.
We will wait to see whether sparks fly.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or email@example.com.Posted by: Tom Staveley in: Trade Marks