Evermore owners claimed that Swift’s album has caused confusion over whether it’s related to the attraction in Pleasant Grove. The lawsuit was lodged with a US District Court in Utah.
Swift’s lawyers said the original claim was “frivolous and irresponsible”, adding that Evermore “suffered no damages whatsoever”.
The legal dispute has now escalated, as the singer’s rights management company (TAS Rights Management) is countersuing Evermore for the unauthorised use of her music.
Evermore’s legal dispute escalates
TAS Rights Management alleges that Evermore played Taylor Swift songs on its grounds “without authorisation or license agreement” (via The Guardian).
It also alleges that the attraction “blatantly ignored the numerous notices from [performance rights company] BMI and opted instead to continue to benefit from the free and unauthorised public performance” of three Swift tracks.
Evermore Park has reportedly applied for a retroactive licence for the performances of Swift’s music, after finding out about the latest lawsuit from the singer.
Evermore bosses previously said they own the trademark for the word, and said they have spent millions of dollars on the attraction since it opened in 2018.
Swift countersues theme park
Evermore said the trademark was breached when Swift started selling album-related products. It also said website traffic has “experienced a dramatic departure from typical levels”.
Evermore is looking for millions of dollars in damages. Swift’s album Evermore was released on December 11, following her previous record Folklore.
Amid the pandemic, Evermore reached out for help after being “hit hard” by COVID-19, in order to invest in new content and entertainment.
“This year has been difficult for all of us, and we are so grateful for your unfailing support and love,” said Evermore. “The arts have been hit hard by COVID-19 and Evermore is no exception.”