According to the article, "Taylor Swift sued for trademark infringement over 'The Life of a Showgirl'", Taylor Swift is facing a new lawsuit over her latest album, "The Life of a Showgirl," which accuses the singer of trademark infringement. 

The Complaint

Filed recently in federal court by Las Vegas performer Maren Wade, the complaint claims Swift titled her hit record despite being aware of its resemblance to the title of a column that Wade penned for Las Vegas Weekly called "Confessions of a Showgirl," centered around anecdotes about her experiences in the entertainment industry. The column was first published in 2014, the document said, and Wade later adapted it into a live show and book by the same name.

Wade Obtained Trademark in 2015

Wade obtained a registered trademark for "Confessions of a Showgirl" from the U.S. Patent and Trademark Office (USPTO) in 2015. The trademark eventually received "incontestable" status, signaling the owner's right to exclusively use it after having done so consistently for a period of years, according to the lawsuit and the trademark office.

USPTO Rejected Swift’s Trademark Application

When Swift later applied to register a trademark of her own for "The Life of a Showgirl," the office denied her application, allegedly on the grounds that its title was "confusingly similar" to Wade's already established one, Wade's attorney, Jaymie Parkkinen, told the media in a statement.

"They continued using it anyway, expanding it across a coordinated commercial program and distributing it through retail channels reaching millions of consumers" the lawsuit said, referring to Swift's team. It added that Wade "was never contacted" about the name.

The lawsuit claims that Swift's album title undermined Wade's personal brand, after the performer had spent more than a decade building it.

"She registered it. She earned it," said Parkkinen. "We have great respect for Swift's talent and success, but trademark law exists to ensure that creators at all levels can protect what they've built. That's what this case is about."

The Similarities

Wade's complaint said similarities between "Confessions of a Showgirl" and "The Life of a Showgirl" are "immediate," as both titles "share the same structure, the same dominant phrase, and the same overall commercial impression." It also said the brands "are used in overlapping markets and are directed at the same consumers."

Lawsuit Also Alleges Unfair Competition and False Designation

In addition to trademark infringement, the suit also accused Swift and UMG Recordings of unfair competition and, specifically, false designation, a law that prohibits goods or services circulated in commerce from misrepresenting their origins to consumers. UMG Recordings is a branch of Universal Music Group, to which Swift is signed. The lawsuit also named Bravado International Group Merchandising Services, Inc., another branch of UMG.

Wade is seeking unspecified damages for "the irreparable harm to her business, reputation, and goodwill" as a result of the alleged trademark violation, as well as a court order that would prevent Swift from continuing to use the title of her hit album. 

“Wade’s Only Trademark”

Swift's commercial success "does not depend on the continued use of any single designation," the lawsuit argued, while "Confessions of a Showgirl" is Wade's only trademark and the basis of her "professional identity and career."

"It is not one mark among hundreds," the complaint said. "It is the only one she has."

Discussion Questions

  1. Define trademark and trademark infringement.

    A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of goods or services (in that context, a service mark) from those of others. A trademark tells consumers who made the product. Trademarks include brand names, logos, slogans, sounds, and even colors or product shapes in some cases.

    Trademark infringement is the violation of the trademark holder’s right of exclusivity, which is the right to control the dissemination and use of the trademark. If proven, trademark infringement can result in an injunction (a court order compelling the defendant to no longer violate the trademark) and money damages.

  2. In your reasoned opinion, in terms of resolving this case, how much weight should be given to the fact that when Taylor Swift applied to register a trademark for "The Life of a Showgirl," the USPTO denied her application, allegedly on the grounds that its title was "confusingly similar" to Wade's already established one, “Confessions of a Showgirl?”

    This is an interesting question! The fact that the USPTO denied Taylor Swift’s trademark application for “The Life of a Showgirl” is not determinative of the issue of trademark infringement in this case—that is ultimately an issue for the federal court to address (unless the case settles during litigation). Also, since the judge controls the admissibility of evidence at trial, it would ultimately be up to the judge to decide whether the jury could hear this evidence. If the judge deems it too prejudicial to the outcome of the case (i.e., the verdict), they could exclude it.

  3. In your reasoned opinion, did Taylor Swift violate Maren Wade’s copyright? Why or why not? What would be the measure of damages if Ms. Wade is successful in her litigation against Ms. Swift?

    This is an opinion question, so student responses may vary. In your author’s opinion, Ms. Swift’s “The Life of a Showgirl” is substantially similar to Ms. Wade’s trademark-protected “Confessions of a Showgirl.” I would recommend that Ms. Swift attempt to settle the case for an undisclosed amount prior to trial. According to its standard terms, a settlement agreement is not a legal admission of liability—instead, it is an agreement for the plaintiff to make the case to “go away” in return for the defendant’s payment of a stipulated amount of consideration.

    The legal exposure that Taylor Swift faces if the case goes to trial is that Ms. Wade’s damages for trademark infringement could amount to the total profits Ms. Swift has generated from “The Life of a Showgirl.” This album has already set multiple records and is expected to generate hundreds of millions of dollars in profit before any tour or further projects are announced