A lawsuit was filed this morning in California federal court against Taylor Swift and UMG Recordings over her new album. The suit was filed by Maren Wade, who alleges that Swift’s Life of a Showgirl infringes on her trademark. Wade is seeking unspecified damages for trademark infringement, false designation, and unfair competition.
In 2014, Wade launched a column in the Las Vegas Weekly called “Confessions of a Showgirl.” In it, the former America’s Got Talent contestant talks about her experiences as an entertainer, evolving into a podcast and live show. So her trademark includes things like live stage performances, theatrical productions, and TV.
Showgirl Vs Showgirl
“A solo performer who spent twelve years building a brand shouldn’t have to watch it disappear because someone bigger came along,” said Jaymie Parkinnen, a lawyer for Wade, in a statement.
When Swift applied to register her 12th album title, Life of a Showgirl, the U.S. Patent and Trademark Office declined. Wade’s lawsuit says this was because the name was confusingly similar to Confessions of a Showgirl. Both titles have the key phrase “of a Showgirl” and deal with musical/ theatrical performances. These elements could lead consumers to reasonably mistake one brand for the other.
In situations like this, the Trademark Office typically sides with the existing trademark. But Swift and her label pressed on, aware of the issue.
When Swift’s The Life of a Showgirl was released, “They did not do so quietly,” reads the filing. “Within weeks, the designation was affixed to consumer goods, stamped onto labels, tags, and packaging, and deployed as a source identifier across retail channels—all directed at the same audience Plaintiff had spent years cultivating.”
What this allegedly led to was Wade’s brand being undermined, with consumers believing that she copied Swift. “The continued erosion of that mark threatens the entirety of” her brand, the complaint states. For example, at the time of this writing, a Google search for Confessions of a Showgirl does bring up Wade’s brand. However, these results are heavily intermixed with Swift’s Life of a Showgirl.
Brand Vs Brand
When you’re dealing with branding, every single bit of visibility counts. While Wade clearly has some money for marketing behind her, it’s nowhere near what Swift has. Because let’s face it, very few female entertainers have more money and resources than Swift has. So anything she releases is naturally going to overshadow anything with a similar title, even if it existed first.
This leaves Swift with two choices: buy out Wade’s claim to the name, or go to court over the matter.
We’ll keep you posted on updates about this lawsuit as it develops.
