August 16, 2022

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Taylor Swift Sued By Utah Theme Park Evermore Over Trademark

Evermore, a fantasy themed amusement park in Pleasant Grove Utah, is suing Taylor Swift for trademark infringement over her most recent album of the same name. According to court documents viewed by Pitchfork, the suit seeks millions in damages, plus all legal fees, and alleges that the release of Swift’s record has led to confused guests and negatively affected the park’s searchability on Google. The Plaintiffs also state that Swift’s release infringes on the park’s merchandise designs and album covers for their original soundtracks.

The lawsuit was filed February 2 in a U.S. District Court in Utah. It claims that following the announcement of evermore’s release (which occurred on December 10, 2020), guests began asking “whether the Evermore Album was the result of a collaboration between Evermore and Taylor Swift or some other type of relationship,” as the park’s director of human resources said in court documents. The suit also includes photographs of park merchandise, the trademark of which has allegedly been infringed upon by Swift.

Swift’s team have denied the accusations in a letter filed in court, referring to the suit as “baseless.” “Put simply, the Swift Parties have not infringed your client’s trademark,” the letter states. “It is inconceivable that there is any likelihood of confusion between your client’s theme park and related products and Ms. Swift’s music and related products.” The letter also points out that Evermore Park’s sale of items such as “small dragon eggs, guild patches, and a small dragon mount” are not similar to the products sold on Swift’s website. The artist’s team declined Evermore Park’s demand that they “cease and desist from [the] use of the EVERMORE trademark.”

In a statement to Pitchfork, a spokesperson for Swift added:

The fact is, this frivolous claim is coming from Ken Bretschneider, founder and CEO of an experience park and according to Utah Business, “As of June 2020, at least five lawsuits have been filed against Bretschneider and the Evermore group by major construction companies like Sunroc, AGC Drywall and Construction, Geneva Rock, Mountain Point Landscaping, EME Mechanical, Kreativ Woodworks, and NFH Distributing (Beehive Brick and Stone).”

The companies claim “they are owed between $28,000 and $400,000.” Utah Business says, “he owes millions of dollars in construction, mechanic, and landscaping fees to workers across the valley who have yet to be paid”… with “a collection of more than 20 construction liens on the Evermore property.” The true intent of this lawsuit should be obvious.

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