Taylor Swift is being sued by a theme park in Utah that shares the same name as her most recent album Evermore, which was released in December 2020.
According to The Guardian, the singer is being sued for copyright infringement, with the theme park owners claiming the name has “confused visitors and negatively affected the park’s prominence on search engines.”
They added that their merchandise designs have also been infringed upon and are now seeking to claim millions in damages as well as their legal costs.
The park is reportedly claiming that visitors asked “whether the Evermore album was the result of a collaboration between Evermore and Taylor Swift or some other type of relationship” with them, according to their human resources director.
The Guardian stated Swift’s representatives had called the lawsuit “baseless… frivolous and irresponsible.”
They added, “It is inconceivable that there is any likelihood of confusion between your client’s theme park and related products and Ms Swift’s music and related products.”
Swift’s lawyers wrote in a letter filed in court: “Moreover, your client has suffered no damages whatsoever and, in fact, has openly stated that Ms Swift’s album release creates a ‘marketing opportunity’ for your client’s troubled theme park,” the BBC reported.
The park also claimed there was a “dramatic departure from typical levels” of traffic on its website in the week after the album’s release.
In the case, filed in a U.S. District Court in Utah on Tuesday, the owners allegedly stated they had spent millions of dollars on the attraction, which opened in 2018.
It’s claimed they wrote to Swift’s legal team in December to say they were “open to discussing reasonable terms for your discontinuation” of the trademark.
A rep for Swift said in a statement to ET Canada, “The fact is, this frivolous claim is coming from Ken Bretschneider, founder and CEO of an experience park and according to Utah Business, ‘As of June 2020, at least five lawsuits have been filed against Bretschneider and the Evermore group by major construction companies like Sunroc, AGC Drywall and Construction, Geneva Rock, Mountain Point Landscaping, EME Mechanical, Kreativ Woodworks, and NFH Distributing (Beehive Brick and Stone).’
“The companies claim ‘they are owed between $28,000 and $400,000.’ Utah Business says, ‘he owes millions of dollars in construction, mechanic, and landscaping fees to workers across the valley who have yet to be paid’… with ‘a collection of more than 20 construction liens on the Evermore property.’ The true intent of this lawsuit should be obvious.”
Swift’s team were said to have declined Evermore Park’s demand that they “cease and desist from [the] use of the Evermore trademark.”