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A petition for Inter Partes Review lands on a Friday afternoon, and the clock starts immediately. Exhibits need numbering, a protective order needs tracking, and
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ToggleThere’s a song on Taylor Swift’s “Evermore“ album titled “Gold Rush.” This could be the theme song for the Utah Fantasy Theme Park, Evermore, which recently filed a lawsuit against Taylor Swift alleging trademark infringement over her album titled “Evermore.” It’s almost as bizarre as a Fantasy Theme Park. As reported by pop culture magazine Rolling Stone, the Evermore group is heavily in debt and could benefit from a gold rush.
According to the complaint, Evermore claims “actual confusion” of their trademark, which has negatively impacted the park’s online presence, stating that the theme park’s results dropped on Google in favor of the album. The goods and services for the Evermore trademark list “Entertainment services in the nature of live visual and audio performances by an actor; Entertainment services in the nature of augmented reality attractions; Providing theme park services.”
We’ll leave it to you to decide whether there is actual confusion between these enumerated goods and services and Taylor Swift’s new album. You can be sure that Taylor Swift doesn’t believe there is any confusion. In a USA Today article, Swift has found these allegations baseless and refuses to comply with the theme park’s cease and desist letter. I guess you could say Ms. Swift is doing exactly what she sings in her song titled “Gold Rush” and is calling Evermore Theme Parks “out on your contrarian [stuff].”
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