The US theme park called Evermore Park is suing Taylor Swift for trade mark infringement. Evermore Park is accusing Taylor Swift of using its name as the title of her latest album.
Evermore Park is an amusement park that is located in the state of Pleasant Grove, Utah in the United States. It opened on 29 September 2018 and uses trained actors as its unique point of difference to portray various characters.
Evermore Park claims that since Taylor Swift launched her album titled ‘Evermore’ in December 2020, they have experienced a decline in online traffic. As a result, Evermore Park have claimed millions of US dollars in damages stating that Taylor Swift has infringed its trade mark by using it to sell merchandise in relation to her album of the same name.
Taylor Swift’s legal team have assessed the infringement claim as weak and see it as an opportunity for Evermore Park to obtain monies from its client to help with its alleged struggling finances. As Taylor Swift is a well-known music artist, there is the argument that Evermore Park may have benefitted from the media attention and online activity that surrounded the word ‘Evermore’. Thus, it can be argued that Taylor’s Swift use of the trade mark may have assisted them.
Nevertheless, as Evermore Park had registered its trade mark, it is within its rights to seek legal recourse if it believes its rights had been infringed. It felt so strongly about the confusion of its brand with that of Taylor Swift, it made a social media post to clarify that there was no association between the two. Furthermore, it felt compelled to make a claim when merchandise was being sold under the name ‘Evermore’ in connection with her album. It saw this as a counterfeit goods as it originally sold merchandise under its trade mark of the same name. Thus, can one blame Evermore Park from trying to protects its intellectual property rights in a challenging economic climate?
If you are unsure about your legal position in connection to making an intellectual property claim under English law, please contact our Intellectual Property Department for some advice.