Battle for Copyright Over Taylor Swift’s ‘The Life of a Showgirl’ Continues
The judicial battle between Taylor Swift and Las Vegas dancer Maren Wade, who holds the copyright to her brand, gained strength on Wednesday, April 27. Swift’s lawyer argued in court that Wade’s request for an immediate ban on the sale of products related to the album would violate Swift’s right to freedom of expression. At the hearing in the center of Los Angeles, Swift’s lawyer said that Wade’s request for an immediate ban on the sale of candles, cups, brushes, and other products with the title of the album challenged the “common sense”. He said that Swift’s album, “The Life of a Showgirl”, did not infringe on Wade’s registered trademark “Confessions of a Showgirl”, because it was “absolutely undeniable” that the album was an expressive work entitled to legal protection.
Swift’s lawyer, J. Douglas Baldridge, argued that Wade’s request was “unrealistic” and consumers would not confuse Swift’s album with Wade’s brand. He argued that for Wade to prevail and get “the extraordinary solution she seeks,” she would have to demonstrate that consumers who attend Wade’s live shows, listen to her podcast, or read her book would think: “Ah, this is Mrs. Swift” or “this is an activity sponsored by Swift.” “I do not see how this could happen,” the lawyer said. “It’s unrealistic that it would happen.” In March, Wade sued Swift for trademark infringement and requested an emergency stay on the sale of products while the case was underway.
The judge presiding over the case heard arguments on the request for a preliminary injunction on Wednesday, but did not immediately make a decision. Wade’s lawyer, Jaymie Parkkinen, argued that his client has a federally registered and uncontestable trademark for “Confessions of a Showgirl” and that the US Patent and Trademark Office “rejected” Swift’s request to register the title of her album as a competing mark because it was too similar and could cause confusion in the market. He said that since 2014, Wade’s brand identified a single person, but today the brand no longer refers to Wade, suggesting that the brand has been confused with Swift’s.
