A theme park in the US has filed a lawsuit against Taylor Swift for trademark infringement over the name of her latest album, Evermore
The owners of Evermore Park in Utah claim they are entitled to millions of dollars in damages because Swift’s album has diluted the value of their trademark.
Swift’s lawyers have shot down the lawsuit as ‘frivolous and irresponsible’.
‘Your client has suffered no damages whatsoever and, in fact, has openly stated that Ms Swift’s album release creates a ‘marketing opportunity’ for your client’s troubled theme park,’ they said in response to the filing.
The complaint, which was filed at the US District Court in Utah, claims the singer’s album name has caused confusion over whether the theme park has links to Swift herself.
The owners said their trademark, which covers merchandise, has lost its value since Swift began selling her own merchandise in promotion of the album.
According to the filing, website traffic has ‘experienced a dramatic departure from typical levels’ since the release of the album in December with the theme park appearing lower down on Google Search results, Sky News reports.
Also in the filing, the owners allege that visitors had reportedly asked whether ‘the Evermore album was the result of a collaboration between Evermore and Taylor Swift or some other type of relationship’ with the park.
The theme park owners allege that Swift’s album, released in December 2020, has confused visitors and negatively affected the park’s prominence on search engines and that their merchandise designs have also been infringed upon. They are seeking to claim damages as well as their legal costs.
‘It is inconceivable that there is any likelihood of confusion between your client’s theme park and related products and Ms Swift’s music and related products,’ the singer’s lawyers told the theme park.
In a letter submitted to the court, Swift’s lawyers said the theme park’s sale of ‘small dragon eggs, guild patches, and a small dragon mount’ are not similar to merchandise sold on the singer’s website.
A spokesperson for the singer told Pitchfork that as of June 2020, the theme park was facing at least five lawsuits by major construction companies.
The companies claim they are owed between $28,000 and $400,000, while Utah Business reports that millions of dollars in construction, mechanic and landscaping fees are yet to be paid.
‘The true intent of this lawsuit should be obvious,’ Swift’s representative said.