The Swift Life or SwiftLife?

US computer consulting company SwiftLife has filed a trademark infringement claim against singer Taylor Swift over a mobile app called "The Swift Life".

Patrick Bénot, who owns SwiftLife, lodged the claim which is also against app developers Glu Games and Glu Mobile. The claim alleges that the Glu companies and Swift launched a social networking and gaming app in an attempt to revolutionise the digital gaming landscape on the back of the singers global reputation. He does not allege that they were successful in that revolution.

However, SwiftLife predates The Swift Life, having been granted a trademark for the name in 2008. The Swift Life has two trademark applications pending in the US, neither of which has been registered at the time of writing.

Bénot claims that The Swift Life significantly hampered the growth of SwiftLife, including causing it to slip down the search results rankings for the term "SwiftLife" - its own name. We can completely see why an app with the backing of Taylor Swift and her considerable following would hamper SwiftLife.

It is odd that Glu and Swift chose The Swift Life given that SwiftLife already existed: there are plenty of other combinations of words including "Swift" that are not already protected by trade marks. Taylor Swift is no stranger to litigation having previously sued and been sued over various allegations of copying song lyrics and music.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.