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Swift Lawyer Cites First Amendment in Trademark Fight
28 May
Summary
- Taylor Swift's lawyer argues First Amendment protects album title.
- Performer Maren Wade claims Swift's album infringes her trademark.
- Judge will issue a written decision on the injunction motion soon.
Taylor Swift's attorney, Douglas Baldridge, invoked the First Amendment in Los Angeles federal court on Wednesday, May 27, to argue that her album "The Life of a Showgirl" is protected artistic expression and should be shielded from trademark claims. The legal argument was made in opposition to a bid by Las Vegas performer Maren Wade for an injunction.
Wade, who holds the trademark "Confessions of a Showgirl" for her cabaret show, alleges that Swift's album infringes her intellectual property. She seeks to block sales of "The Life of a Showgirl" merchandise during the ongoing litigation.
Judge Serena R. Murillo expressed concern about whether "The Life of a Showgirl," as an artistic work, should be exempt from trademark challenges. Wade's attorney, Jaymie Parkkinen, contended that Swift's use of the title for a broad "branding campaign" negates this protection.
Baldridge countered by likening Swift's album to other artistic works and referencing Lady Gaga's successful defense in a similar case. He asserted that the First Amendment prevents the issuance of a preliminary injunction, let alone a win for Wade.
Swift's company, TAS Rights Management, sought to trademark "The Life of a Showgirl" in August, but the USPTO preliminarily denied the application due to potential confusion with Wade's 2015 trademark. The application remains pending.
Wade sued Swift in March, claiming the album's success threatened her smaller business. She argues that an injunction would significantly benefit her, while any financial loss for Swift would be negligible. Swift's legal team has highlighted differences between the two shows, noting that Swift performs in stadiums while Wade performs in small venues.
Swift's side also pointed to Wade's social media activity, alleging she intentionally used hashtags related to Swift's brand. Baldridge specifically mentioned Wade's use of the term "era," a significant concept for Swift's fanbase.
Judge Murillo reserved judgment on the injunction, promising a written decision shortly. A separate motion by Swift's team to dismiss the lawsuit is also pending.
