Watch out Swifties! Utah theme park, Evermore Park, is the latest to strike against Taylor Swift in their recent lawsuit over claims of trademark infringement for Swift’s latest studio album titled, Evermore.
Evermore Park, located just south of Salt Lake City, Utah opened in 2018, offers a European village themed immersive experience – it is described as more of “a theatrical experience than a traditional theme park.” They are claiming the album release caused “actual confusion” between the two, which is a factor that is considered when determining whether trademark infringement occurred, along with other factors such as 1) Similarity of the marks in appearance, sound, and meaning 2) Whether the marks are used to sell similar types of products 3) The number of similar marks currently in use and 4) The similarity of established sales channels and the sophistication of the relevant buyers.
Taylor Swift’s album, Evermore, is her sixth album and was just released in December 2020. A Swift spokesperson responded that the claims are baseless and that Evermore Park is experiencing financial difficulty so “the true intent of this lawsuit should be obvious.”
According to the Trademark Electronic Search System (TESS), Swift currently has eight applications under review for the mark “Taylor Swift Evermore Album.” The applications are for a variety of goods/services such as toys, household linen, musical sound recordings, and bags. Evermore Park, on the other hand, registered the mark, “Evermore,” for a variety of goods/services such as, providing theme park services, entertainment services, and for various clothing items.
Stay tuned for updates on further developments of this Bad Blood!
Article by Mandie Capozzelli