Taylor Swift‘s latest album, The Life of a Showgirl, has sparked a lawsuit from a writer, who accuses the singer of knowingly disregarding her claim to a similar name.
In a lawsuit filed on Monday in California federal court, Maren Flagg brings claims for trademark infringement, false designation and unfair competition against Swift and UMG Recordings. She seeks unspecified damages and a court order barring the singer from continuing to use the name of her chart-topping album.
“A solo performer who spent twelve years building a brand shouldn’t have to watch it disappear because someone bigger came along,” said Jaymie Parkinnen, a lawyer for Flagg, in a statement.
In 2014, Flagg, who appeared on America’s Got Talent, began writing a column in the Las Vegas Weekly called “Confessions of a Showgirl” about her experiences as a performer in the entertainment industry. Since then, it’s also become a podcast and live show featuring pop and jazz music. Her trademark covers live stage performances, theatrical productions and TV, among other things.
But last year, Swift released her twelfth album, The Life of a Showgirl. “They did not do so quietly,” reads the complaint. “Within weeks, the designation was affixed to consumer goods, stamped onto labels, tags, and packaging, and deployed as a source identifier across retail channels—all directed at the same audience Plaintiff had spent years cultivating.”
When Swift applied to register The Life of a Showgirl, the U.S. Patent and Trademark Office declined because it was confusingly similar to Flagg’s mark, according to the lawsuit. It noted that the names share a key phrase, “of a Showgirl,” and stressed that they’re both utilized in connection with entertainment involving musical and theatrical performances, which would likely lead consumers to believe there’s a connection between the two sides.
Existing trademarks typically take precedence over new bids. Now, Swift faces the option of buying out Flagg’s claim to the name or fighting the case in court.
In the lawsuit, Flagg, also known as Maren Wade, accuses Swift of ignoring her trademark. She says her brand has been undermined, with consumers believing that she copied the singer. “The continued erosion of that mark threatens the entirety of” Flagg’s brand, the complaint states.
Swift, who declined to comment, has among the most extensive trademark portfolios in the entertainment industry, with more than 170 active or pending registrations spanning names, phrases and commercial designations. Her global merchandising operation includes TAS Rights Management, which controls Swift’s trademarks across goods and services, and Bravado, which manufactures products under the artist’s brand.
