- 04 Feb 21
The US company is claiming that the singer’s album title, merchandise and more caused “actual confusion” - thereby negatively affecting its business.
In court documents, Evermore Park claims that the release of Swift’s evermore caused “actual confusion,” affected the park’s online presence negatively, and infringed on its marketing and merchandise.
The lawsuit states that theme park visitors queried staff members on “whether Evermore Album was the result of a collaboration between Evermore and Taylor Swift or some other type of relationship.”
It also alleges that both Evermore Park and Swift’s evermore merchandise offer similar products, with court documents including photographs of the Utah park's offerings.
The plaintiff also claims Swift’s clothing merchandise is counterfeit as a result of Evermore Park’s trademark.
In a letter filed in court responding to a cease-and-desist letter from Evermore Park, Swift’s lawyers referred to the claims as “baseless” and stated that Swift had not infringed on the trademark - adding that Evermore Park's small dragon eggs, guild patches, and small dragon mounts are not items sold by Swift.
The letter states: "Moreover, your client has suffered no damages whatsoever and, in fact, has openly stated that Ms Swift’s album release creates a 'marketing opportunity’ for your client’s troubled theme park."
Swift's spokesperson also stated that Ken Bretschneider - founder and CEO of an experience park - has a number of lawsuits filed against him and the Evermore group by major construction companies.
“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 lines on the Evermore property.’ The true intent of this lawsuit should be obvious.”
The suit seeks “not more than $2 million per counterfeit mark” in connection with trademark infringement on clothing. It also seeks additional damages along with attorney fees and legal costs.
evermore was released on December 11 and was Swift’s second surprise album to arrive during lockdown.
Like its sister album, folklore, the folk-pop record was a huge critical and commercial success, topping the charts around the world including in the UK and US.