California Intellectual Property Blog


Taylor Swift Sued for Trademark Infringement

music-speakerOrange County – Taylor Swift is under the legal spotlight again as she is being sued by Blue Sphere, Inc. a clothing line based in Orange County, CA. Blue Sphere owns several LUCKY 13 Trademarks in relation to apparel and other goods, and is suing Swift for trademark infringement.

The “Lucky 13” trademark was used by Taylor Swift in relation to apparel and also with greeting cards. Swift also sold a “Lucky 13” St. Patrick’s Day themed shirt on her website, which has recently been removed. With this, Blue Sphere claims that consumers are being confused by the merchandise and that as a result Blue Sphere is losing profits.

Attorneys for Swift claim that her apparel had her signature printed on the shirt, and therefore would not be confused for Blue Sphere products. However, a trial is currently set for November of this year as a judge denied a motion to dismiss. It is possible that the trial may be pushed back to early next year.

In preparation for the case, Blue Sphere has been doing discovery in regard to how Swift registers and uses trademarks. Blue Sphere has also been looking into the Swift’s partnerships and the business deals that she is involved in. Discovery revealed that a few years ago Swift and Elizabeth Arden were considering a perfume line called “Lucky 13.” The perfume idea was later dropped with no apparent reason.

This is notable for the pending case since Blue Sphere believes that perhaps a trademark search was conducted in regard to the “Lucky 13” trademark. Blue Sphere apparently believes that Swift may have been aware that there was already a registered trademark for the same name in place. If she was it could possibly be a willful trademark infringement.

Blue Sphere is very interested in having Swift appear for a deposition, however attorneys for the pop star are fighting it claiming that Swift isn’t knowledgeable about the specifics of trademark selection and usage. Swift’s attorneys are also claiming that the deposition is merely to harass Swift especially in light of her upcoming tour. A signed statement was submitted by Swift stating that she is unaware of any of the allegations that are being claimed. If she ends up being deposed, Swift will have to share all of her prior knowledge under oath.


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