- A fantasy theme park in Utah is suing pop star Taylor Swift for infringing on its trademark
- The park and Swift’s most recent album share the name: ‘Evermore’
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On the lead single “willow” from her most recent album “Evermore,” Taylor Swift sings: “And if it was an open-shut case/I never would’ve known from that look on your face.”
But now there’s a different kind of case open against Swift. A Utah theme park, also named Evermore, is suing the pop star and her management companies, alleging trademark infringement. The damages that the park is seeking would amount to millions of dollars, the suit, filed Tuesday in the US District Court in Utah, claims.
But Swift’s lawyers allege that it’s an open-shut case of a struggling theme park aiming to cover its losses by capitalizing on the record’s success.
Evermore, located in Pleasant Grove, Utah, is an immersive theme park in which guests travel through a “fantasy European hamlet of imagination,” according to the website.
Ken Bretschneider, the CEO of Evermore, was quoted in the suit as saying that escapism is central to the park’s identity. The suit claims that “Taylor Swift’s description of the Evermore Album echoes descriptions of Evermore, including mirroring the unique term (i.e., “escapism”).”
The lawsuit alleges that some of the imagery in Swift's music videos and merchandise infringes on the park's logo and aesthetic, including the eponymous willow tree in the "Willow" music video. Lawyers for the park also say that Swift's "Evermore" merchandise constitutes counterfeiting, because the park owns the trademark for the name "Evermore."
The park's website saw a spike in pageviews after the announcement of Swift's second surprise album in December 2020. However, the suit claims that Evermore's park website and promotional materials were overshadowed by the buzzy release.
"Evermore will incur additional marketing and promotional costs as it strives to compete with the torrent of information related to the Evermore Album and Taylor Swift," the suit said.
An attorney for the Evermore park filed a cease and desist letter with Swift and her management companies shortly after the release, the suit says, but Swift's team responded by saying that increased website traffic "could only serve to enhance your client's mark."
A letter from Swift's attorneys filed in court and reported by BBC said that the suit was "frivolous and irresponsible." But presiding judge Daphne Oberg hasn't ruled on whether Swift is out of the woods yet.
Evermore (the park) did not immediately respond to a request for comment.
Swift is no stranger to lawsuits. She entered into a highly publicized legal battle with former manager Scooter Braun over ownership of her master recordings in 2019. And in 2017, she won a countersuit against a former DJ who groped her at a meet-and-greet. The suit was settled for a symbolic $1.