Taylor Swift is Being Sued Over Her New Album’s Name By a Theme Park You’ve Never Heard Of

By James Sainte-Claire February 5, 2021

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Did you know there’s a fantasy-themed amusement park in Utah called Evermore? I don’t think anyone did, but it seems to be like a renfaire that got overrun with Lord of the Rings nerds. So any renfaire.

Taylor Swift’s new album is also called Evermore and TMZ reports the park Evermore is suing her over the name.

The park owners say they’ve got ‘Evermore’ trademarked for a number of different purposes — including clothing and other merchandise they sell … all of which they claim was diluted once TS dropped ‘evermore’ in late 2020.

Evermore park brass alleges since the record came out, their search results are way down in Google, and that it’s legitimately causing confusion in the marketplace … which they say is hurting their bottom line.

Now, I took Intro to Torts in high school, which basically makes me a lawyer, so here’s my legal opinion: they don’t have a case here. Trademarks only apply to specific industries and marketplace confusion doesn’t mean that someone is more popular than you, it means a reasonable person would believe that you were the creator of the product being sold. Apple Records, the record label that the Beatles founded, periodically sued Apple Computers for decades and Apple Computers basically always won because no reasonable person actually thought Paul McCartney was making iPhones.Likewise, no one thinks that this theme park made a Taylor Swift album. They’re completely different industries and there’s no marketplace confusion between an album and a theme park.

Swift’s legal team has the same opinion, saying that the lawsuit is frivolous and that they’re doing it because the park has a lot of debt.

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