Utah theme park sues Taylor Swift over trademark infringement

                                                                 by Williametta Garnett

 

Ken Bretschneider, the chief executive officer of Evermore Park in Pleasant Grove, Utah, has filed a lawsuit against Taylor Swift over her latest album, ‘Evermore.’

 

Documents filed on Tuesday show 12 exhibits of evidence supporting Bretschneider’s case, including Google search results for Evermore, items of clothing with branding, and two different letters from Swift’s counsel.

 

In the declaration filing, Bretschneider says the Utah theme park “has invested approximately $37,000,000 into the creation and promotion of Evermore Park and the EVERMORE trademarks.” That includes expending funds in advertising and promoting, purchasing the EVERMORE.COM domain, and expending labor costs for advertising and promoting.

 

Evermore Park also has “commissioned the creation of two original music scores that Evermore sells under the EVERMORE trademark through a variety of outlets, such as Apple Music.”

 

Bretschneider has also included a cease and desist letter sent to Swift over her “pending applications including the EVERMORE trademark” dating back to mid-December 2020, just days after the album was released.

After the album was released, Andrea Measom, Evermore Park’s director of human resources says she was asked by guests “whether the Evermore Album was the result of a collaboration between Evermore and Taylor Swift or some other type of relationship.” Other Evermore Park staff says the web traffic on their site “spiked dramatically” when Swift’s album was released.

The suit continues, adding that before the album was released, Evermore Park’s website was in the top results of a Google search of ‘evermore.’ After the album was released, that is no longer the case. 

Swift’s legal team says the claims of trademark infringement are baseless, adding that the addition of “Taylor Swift…Album” around Evermore make the trademark different, which is allowed under current U.S. law. They add that while the theme park frequently uses an all-upper-case spelling of Evermore, the album uses all lower-case spelling.

Swift has faced other pushback over her songs, including ‘Shake It Off’ and, most recently, accusations about the ‘folklore’ logo being copied from a Black-owned business called The Folklore.

There are no future hearings related to this lawsuit at this time.