Evermore Theme Park, Utah, has previously attempted to sue Taylor Swift for trademark infringement following the popstar’s album release in 2020, titled Evermore. The original claim suggested that the folk-pop album’s title had copied their mystical name, causing negative effects to the park’s search engine results and merchandise sales, with further claims that their visitors had begun questioning a possible, yet non-existent, relationship with Swift. They were unsuccessful in the trademark infringement claim, leaving them unable to receive their requested $2million (£1.47m) in damages.
However, the tables have turned on the theme park, after Swift and her legal team claim to have discovered evidence suggesting that the park has been ‘routinely’ playing and performing her songs for over a year without authorisation or licence agreements. Following this, Taylor and her team have filed a lawsuit in her hometown of Tennessee against the theme park for Wilful Copyright Infringement, with a request made to the court to order the park to pay damages, and to be permanently forbidden from playing the singer’s music without authorisation.
The claim has come about after the park had repeatedly ignored the warning from BMI, an organisation in music rights management, who advocate for, and protect artists’ music; representing over ‘17 million works belonging to more than 1.1 million copyright owners.’ The establishment had sent previous deterrents to the park over copyright infringement of Swift’s music which had been disregarded. Only after their previous lawsuit against the singer, had they reached out to BMI in a final attempt to ‘cover up their years of unlawful conduct’, the lawsuit states.
It has also since been discovered that the park has been playing and paying entertainers to perform music belonging to other artists without their authorisation, such as ABBA, Katy Perry, Whitney Houston and Britney Spears.
The park is yet to comment on this lawsuit battle between themselves and the popstar.