Taylor Swift has responded to Evermore Park’s trademark infringement lawsuit with a countersuit of her own.
Earlier this month, the Utah park claimed that Swift’s latest album, titled Evermore, violates the park’s trademark rights. In court documents, CEO Ken Bretschneider, claims Google search results for Evermore Park plunged after she released Evermore, causing “actual confusion and negatively affected their search engine placement,” as reported by the Salt Lake Tribune.
Now, Rolling Stone reports that TAS Rights Management, Swift’s trademark and music rights team, is pursuing a countersuit against the fantasy-themed amusement park based in Pleasant Grove for playing the pop star's music on park grounds “without authorization or license agreement."
Three songs are specifically referenced in the countersuit: “Bad Blood,” “You Belong With Me” and “Love Story.”
What's more, court documents also detail that TAS sent Evermore Park two letters — in August and September 2019 — notifying the park of its alleged violations. Evidently, Evermore only responded to the letters after hearing of her currently pending countersuit.
“In the past, letters have been mailed to your attention along with licenses reflecting your music usage fee of $1,728.67 for the period of May, 2019 to December, 2019 only,” one letter outlines, as revealed in court documents viewed by Pitchfork. “This fee does not include all other unlicensed periods in which you were using music.”
TAS is now seeking enhanced statutory damages from Evermore Park for each infringed upon work and performance.
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