Taylor Swift's attorneys are suing a Utah theme park, which launched a suit against the singer for trademark infringement just weeks before.
Evermore bosses filed a lawsuit on Feb. 2, claiming the pop star gaffed when she slapped 'Evermore' - the title of her latest album - on merchandise, insisting they own the copyright to the name.
However, Swift's TAS Rights Management have now sued Evermore Park in return, arguing that the park has long had costumed performers singing hits by the singer and others without the correct licence.
They filed their lawsuit on Feb. 22 in Tennessee, claiming that they were contacted on Feb. 3 by a "former Evermore Park volunteer and frequent patron of Evermore Park, advising of the unlicensed public performance of Artist's music. Information was provided by this individual proving Defendants' infringement of the copyrighted works."
They also claimed that Evermore Park had been sent letters by BMI Nashville in August 2019 and around a month later, "following up on a number of prior contact attempts, alerting them once again of their unauthorized performance of the Works and their legal obligation to obtain licenses for the public performance of the Works."
Swift's attorneys also claim that despite Evermore Park being inundated with "phone calls, emails, letters, and draft license agreements," the theme park "ignored these messages" and continued using the songs without a license or payment, "with full knowledge of their infringement, to drive attention and attendance" to the park. They also alleged that representatives for Evermore Park recently contacted BMI Nashville requesting a "retroactive license" after apparently catching wind of the singer's plans to sue.
Swift's lawyers have requested a jury trial in the case, while Evermore Park are seeking millions of dollars in damages in their trademark infringement suit.
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