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Fantasy theme park wants Taylor Swift to split with album name

Posted On: Feb. 11, 2021 11:33 AM CST

Taylor Swift

A theme park in Utah is accusing Taylor Swift of violating its trademark rights over the name of her most recent album — “Evermore” — claiming that an uptick, and subsequent loss, in web traffic to the Evermore Park’s website is likely the result of brand “confusion” over the pop star and the park.


Evermore Park LLC, which describes itself as the operator of an “immersive experience theme park in which performers who portray fantasy characters are the main attraction,” is suing Ms. Swift, her management company and other business partners, over the album. One issue is that the album uses the word “escapism” and includes references to “the dreamscapes and tragedies of epic tales and love lost and found” in its literature, according to a recent blog post by the law firm Frankfurt Kurnit Klein & Selz PC, which accessed the Feb. 2 complaint.


The suit also claims that Ms. Swift’s use of explicit lyrics and marketing of goods using vulgar terms that are “inconsistent” with theme park’s marketing efforts are harmful to the park’s own brand.


Meanwhile, “Swift’s counsel apparently has suggested to Evermore Park that this confusion can only help it,” noting the park’s current financial difficulties, according to the blog post. Yet according to media reports, Evermore Park also claimed a “dramatic departure from typical levels” of traffic on its website in the week after the album’s release. The complaint also states that searches on Google and elsewhere for “Evermore” now are more likely to lead viewers to Swift’s album than the theme park.