Taylor Swift Sued By Theme Park Over Album Name

Taylor Swift has been sued for copyright infringement by a theme park in Utah that shares the name of her recent No 1 album, Evermore.

The theme park owners allege that Swift’s album has confused visitors and negatively affected the park’s prominence on search engines, and that their merchandise designs have also been infringed upon.

The theme park is seeking to claim damages as well as its legal costs.

Representatives for Swift have 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 company TAS Rights Management has now sued Evermore Park in return, contending that the attraction has long had its costumed performers singing hits by Swift and others without a license, despite demands made in the past by the performing rights organisation BMI.

The suit says that despite BMI inundating Evermore Park with phone calls, emails, letters, and draft license agreements, the Utah attraction “ignored these messages” and continued using the songs without a license or payment, “with full knowledge of their infringement, to drive attention and attendance” to the park.

The suit also states that once Evermore Park found out that Swift might counter-sue, the owners "recently reached out to BMI’s Nashville, Tennessee office multiple times, suddenly requesting a retroactive license", initiating contact only after recent events made this action imminent.

According to the theme park’s human resources director, park visitors reportedly have been asking whether the Evermore album was the result of a collaboration between Evermore and Taylor Swift or some other type of relationship with the park.

Evermore Park reportedly paid $300,000 for the evermore.com domain name says that when Swift announced her new album on December 10, web traffic on Evermore Park’s website spiked 330.4% in comparison to traffic on the previous day.

The park says that after sending a cease-and-desist letter on December 29 telling Swift’s lawyers to discontinue any use of the title Evermore, Swift's attorneys wrote back saying, “[i]f anything, your client’s website traffic has actually increased as a result of the release of Ms. Swift’s recent album which, in turn could only serve to enhance your client’s mark.”

That wasn't the only complaint filed in Evermore Park's suit, at is also takes issue with Swift using the words “escapism” and “epic” in describing songs on her album, words that also appear in the park's promotional material.

The suit also alleges that Swift’s “ornamental cloth patches, three-dimensional plastic ornaments, purses, all-purpose carrying bags, key wallets and key pouches” resemble its own souvenirs.

The Evermore Park suit asks a jury to reward not more than $2,000 per counterfeit mark.

Those checking the Wikipedia entry for the word 'evermore' spotted that entries included three books, a New Zealand pop-rock band, five albums (including Swift's), six songs (including entries by Led Zeppelin and from the 2017 film Beauty and the Beast), a software developer, and a video game.

Evermore theme park describes itself as an experience park where guests of all ages can escape to a new realm – the fantasy village of Evermore.

Themed like a European village with its own buildings, citizens and story, park guests interact with characters, go on quests, and become a part of the world of Evermore.

Activities include archery, axe throwing, bird and reptile shows, “Evermore Park-themed cuisine”, horse and pony interaction, a themed train experience, in-park exclusive merchandise, mini productions of Evermore's history, musical character performances, and games and quests.