A preliminary injunction hearing in the trademark case over the phrase “The Life of a Showgirl” has reportedly been scheduled for May 27 in the U.S. District Court for the Central District of California. The hearing will decide whether Taylor Swift can keep using the phrase. The decision may affect merchandise and marketing from the pop star’s current era, long before any trial happens. A Las Vegas performer, Maren Flagg, filed a lawsuit against Swift on March 30. He performs under the name Maren Wade.
Trademark battle between Taylor Swift and Las Vegas performer gets May hearing, per report
USA Today reported that Maren Wade filed a case accusing Taylor Swift and her affiliated companies. They claim to be infringing on Wade’s registered trademark, “Confessions of a Showgirl,” by using “The Life of a Showgirl” across merchandise and branding. Now, Wade is reportedly seeking an injunction to stop Swift’s use of the phrase. Plus, along with damages, profits, and attorneys’ fees under the Lanham Act.
Meanwhile, Swift’s trademark application for “The Life of a Showgirl” remains suspended at the U.S. Patent and Trademark Office, even though one does not automatically decide the other. Purvi Patel Albers, a partner and trademark attorney at Haynes Boone, talked to the outlet. She shared, “On the USPTO level, essentially her trademark application was refused. But that doesn’t have any real bearing on the lawsuit,” adding, “USPTO refusal is not a finding of infringement.”
Additionally, Albers noted that the USPTO refusal did not cover everything in Swift’s filing. She said, “It’s important to note that the USPTO only refused the application with respect to certain classes tied to entertainment services.”
Douglas A. Rettew, a trial attorney and partner at Finnegan, told USA Today that Wade’s argument centers on “reverse confusion.” It means, “Wade is arguing that her trademark rights in ‘Confessions of a Showgirl’ are going to be so overwhelmed by Taylor Swift that it’s going to erase her identity.” Furthermore, “Wade has to show that if an injunction isn’t issued, she will be irreparably harmed.”
Notably, though, Rettew said that the chances of a full trial for Taylor Swift and Maren Wade’s “The Life of a Showgirl” trademark case are “infinitesimal,” with settlement or earlier rulings more probable.
