Wade, a cabaret showgirl, alleges that Taylor Swift's latest album infringes on her intellectual property and wants to block the trademark litigation. The case revolves around the phrase "Confessions of a Showgirl" and the album title "The Life of a Showgirl." The First Amendment case law is at play, and the outcome could impact the trademark litigation.
Wade, who puts on a cabaret show called "Confessions of a Showgirl," alleges Swift's latest No. 1 album infringes her intellectual property and wants to block the trademark litigation because the album is a piece of art.
Wade's attorney argued on Wednesday that the First Amendment applies here, and that's why they can't get a preliminary injunction, much less win the case. Wade, born Maren Flagg, has owned the trademark "Confessions of a Showgirl" since 2015 for her touring cabaret show about the escapades of a modern-day Las Vegas performer.
Swift's company TAS Rights Management sought to trademark the phrase "The Life of a Showgirl" upon the album's release in August, but the U.S. Patent and Trademark Office (USPTO) preliminarily denied the application due to a likelihood of confusion with Wade's existing mark. The trademark request remains pending. During the hearing, Parkkinen argued that Wade's trademark is "being absorbed in real-time.
" He said an injunction would make a huge difference for Wade, while any resulting lost profits for Swift or her label partners at Universal Music Group would be nothing more than a "rounding error. " Swift's camp has also criticized Wade for intentionally associating herself with Swift's brand on Instagram and TikTok, citing more than 40 posts that featured hashtags like #thelifeofashowgirl, #TS12, #taylorswift and #swifties.
On Wednesday, Baldridge pointed to one post in which Wade said she was in her "showgirl era.
" Judge Murillo did not announce any ruling on the injunction motion during the hearing, saying a written decision would come down "shortly. " Swift's team has also requested separately to dismiss the lawsuit outright, and that motion remains pending
Wade Vs. Swift Confessions Of A Showgirl The Life Of A Showgirl Intellectual Property Infringement First Amendment Case Law Trademark Litigation Cabaret Showgirl Taylor Swift Universal Music Group Universal Music Group Instagram Tiktok
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