(CelebrityAccess) — A Utah theme park operator has sued Taylor Swift over her 2020 album “Evermore” alleging that she violated the park’s trademarks with her use of the name.
The suit, filed in federal court on February 2nd, accuses Swift of trademark infringement over the Evermore name, which is also the name of the theme park. In their suit, the park alleges that Swift and her album, claiming the duplicated name caused “confusion and negatively affected their search engine placement.”
The suit also takes issue with Swift’s ‘Evermore’ branded merch, and cover art for the album, which the park’s operators claim are similar to marketing materials previously produced by the park.
Located in Pleasant Grove, Utah, the park positions itself as a family-friendly, immersive theme park where visitors take part in fantasy-themed theatrical roleplay experiences led by trained actors.
In their suit, the park’s operators have asked for Swift to cease using the name Evermore, as well as statutory damages to the tune of $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as well as further relief deemed appropriate by the court.
Swift’s camp responded several weeks later with a countersuit of her own, alleging that her music has been played at the park without properly licensing it from her performing rights organization Broadcast Music, Inc.
Through her countersuit, Swift’s attorneys claim that portions of her songs “Love Story”; “You Belong With Me”; and “Bad Blood” were performed by actors at the park as a “central attraction of Evermore Park.”
Swift is seeking injunctive relief from the park and its CEO Ken Bretschneider, damages related to the infringement, and court costs.
Of course, neither Swift, nor the theme park are the originators of the term Evermore. Led Zeppelin famously used the name for the track “Battle of Evermore”, a fantasy-themed duet from their 1971 album Led Zeppelin IV. As well Australian Christian artists Planetshakers named their 2005 live album “Evermore” as did the American hip hop duo The Underachievers, for their 2015 album “Evermore: The Art of Duality.”
Additionally, the New Zealand rock band Evermore released an eponymously named greatest hits album “Evermore” in 2009.