Taylor Swift sued by Evermore Park CEO over copyright infringement

[FATCAT 60,084]

36 minutes ago, Dayman said:

Honestly I wouldn't be surprised if the lawsuit is a means for publicity for the very reasons they stated. My friend lives out in Utah and has been to Evermore a few times - it's a great park, but it only just started taking off. Combine a pandemic and then being buried by Taylor releasing Evermore and creating competition in search results - it really can be impacting their business more than expected. I doubt they will win the case, but I understand why they have brought it.

The problem is that even if it's trade-marked, music and an amusement park are two very different businesses. Market confusion would really only apply if it were a competing or semi-competing business. It impacting your search results/etc isn't really justifiable for damages, there's no protection for something like that afaik. I'm sure Billie Goat farms were impacted by Billie Eilishes rise to fame, doesn't mean they're entitled to damages. And after reading through what I wrote, this might seem confrontational but I assure you I'm just working off your points to elaborate a little haha

[Dayman 6,179]

2 minutes ago, FATCAT said:

The problem is that even if it's trade-marked, music and an amusement park are two very different businesses. Market confusion would really only apply if it were a competing or semi-competing business. It impacting your search results/etc isn't really justifiable for damages, there's no protection for something like that afaik. I'm sure Billie Goat farms were impacted by Billie Eilishes rise to fame, doesn't mean they're entitled to damages. And after reading through what I wrote, this might seem confrontational but I assure you I'm just working off your points to elaborate a little haha

Hence why I said it's likely a lawsuit being done as a means for publicity and I said I doubt they will win the case. They are back to being able to compete with search terms for her album - at this point they have already gained from the case. Their reasons for why there is a problem are legitimate issues - their legal grounds of what they can do however are nonexistent and they likely were aware of this when starting the case. This is very clearly a tactic to prevent them from being buried in search results further and further by Taylor articles. Expect the case to be dropped once eyes start to look away from it.

[RAMROD 109,622]

LMAO well who's gonna tell her that they just need to add "park" on search engine?

[LilMonst3r 5,536]

People really are delusional... 

[spector 1,918]

should have just reached out to taylor and politely ask her if she were willing to collaborate with them on a project that could potentially benefit both parties. "clue-hunting for fans in the forest" (in post-covid times ) or filming a music video would have been much better ideas to approach her with than taking baseless legal actions against her.

[LG2008 5,249]

What?! Just because of a word?  

Copyright infringement, sure...

 

[RichAssPiss 4,929]

This is so baseless. You would need to prove genuine marketplace confusion as in...you are using a logo on your similar product that people associate with my brand and therefore they can be confused. No one is going to be looking for attraction and get confused and buy the Taylor Swift album instead.

[ToxicHot 6,444]

Stupid.

This man is just looking for a quick paycheck over these “damages”. 

[Oriane 21,114]

7 hours ago, Andreu said:

I see his point but I don't see how taylor did anything wrong. If anyone had a restaurant chained called Chromatica, would he be also suing Gaga

No but imagine Joe sues her for naming an album "Joanne" 

[Economy 49,820]

The reach tho... Reaching so high

 

[StrawberryBlond 14,872]

You can't trademark a word or phrase that can be found in the dictionary. I thought this was someone who was suing her over her lyrics or melodies but over the name of the album? Get outta here. There was a YA book called Evermore from years ago, obviously that was out before Taylor released her album, which I'm sure was a popular search result previously, yet he never complained then. Clearly, when it was a huge name using this title, he wanted to cash in. During a pandemic, his business will be closed and he'll need the money but this is the wrong way to go about it.

7 hours ago, TheSlash said:

Since when do people own rights to words of the English (or any) language?

Taylor tried (I don't know if she actually did) to trademark the "this sick beat" lyric in Shake It Off which brought her so much rightful criticism considering that phrase was around long before she used it (like, used in reverse in Gaga's Lovegame and she never tried to trademark it because it obviously wasn't her phrase either) and she used it because people knew of this set phrase in the first place. Maybe now she's going to see why you play a dangerous game when you put forward the notion that you can trademark words and phrases that you didn't invent.

[gypsy101 5,453]

7 hours ago, Lona Delery said:

the entire case is kinda built up on them claiming Taylor is, first and foremost, an actress, and not a singer lmaooo

i saw Valentine’s day, she is NOT an actress

[TimisaMonster 31,073]

7 hours ago, TasteLikeWhiskey said:

causing "actual confusion" online

I wonder who got confused between an album and a place

Chromatica is shaking...

[ThisGuyTony 30,689]

Here’s a 2015 throwback: 

”Thinking of getting the Taylor Swift fan in your life an off-brand "Swiftmas" sweater for the holidays? Think again.

"Swiftmas" is one of five phrases that Taylor Swift filed trademark applications for on Dec. 3, in addition to "Blank Space," "And I'll Write Your Name," "A Girl Named Girl" and "1989."”

”Several Swift-themed items, including candles adorned with lyrics from her hit “Blank Space” and mugs that mimic the album art for 1989 are no longer available on the site. One Etsy seller told BuzzFeed that she was “shocked” to receive a cease-and-desist letter from Swift’s rights management company and said she was making her items for fun, not for profit. ”

 

[Guest]

8 hours ago, Ryusei said:

Just type "evermore park" into google and there is no trace of taylor  

that's a big brain solution.