Taylor Swift’s lawyer argued in a federal court in Los Angeles that the First Amendment protects “The Life of a Showgirl” from trademark claims, multiple news outlets report.
U.S. District Judge Serena Murillo opened Wednesday’s hearing by signaling her main concern: whether the album qualifies as an expressive work protected from trademark litigation.
The lawsuit was brought by Las Vegas-based performer Maren Wade, who has held the trademark for “Confessions of a Showgirl” since 2015. She and claims that Ms. Swift’s album uses her intellectual property through similar phrasing that could potentially ’’swallow’’ her smaller business.
Ms. Wade said she thought the matter would be resolved after the U.S. Patent and Trademark Office denied Ms. Swift’s trademark application due to its similarity to Ms. Wade’s “Confessions of a Showgirl” trademark.
Ms. Swift’s team continued using it without ever reaching out to Ms. Wade, she said.
Ms. Swift’s lawyer, Douglas Baldridge, fought back by accusing Ms. Wade of posting more than 40 social media posts with hashtags such as #taylorswift, #swifties, and #thelifeofashowgirl — including one post in which Ms. Wade says she is in her “showgirl era.”
Judge Murillo did not issue a ruling but said a written decision would come “shortly.”
Ms. Swift’s motion to dismiss the lawsuit entirely is pending.
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