I was half asleep one moment and the next I wake up to ‘Theme park sues singer over Evermore album name’ (at https://www.bbc.com/news/entertainment-arts-55932164). So, in this setting, what are the rules? Well, one of them is “Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service”, the word has existed in an ecclesiastical sense for centuries. So the original word meant “always”, it is one of the words also at times we see it as ‘aways and forever’. So, the trade-marker must now show that it “identifies the phrase with a particular good or service”, and there we have the issue, Taylor Swift has a real identifiable service, the service of an entertainer/performer, as Evermore has “opened its doors officially to the public on September 29, 2018. In contrast to most theme parks, Evermore Park does not feature any major rides; instead, trained actors who portray fantasy characters are the main attraction”, and if I were a betting man, I would bet against the theme park. It’s creative director Josh Shipley, has called Evermore a “living theatrical park”, a park, not a CD, not a place where at all times a collection of songs can be listened to, a park. This was their way to get extra visibility. A bad choice as I see it. I reckon that if all the fans of Taylor Swift made a proper and polite complaint against this (at +1 801-796-2372) their phones will be blocked for weeks. In the second, did they sue the Australian band Evermore as well? Then there is Neil Diamond, who also had a song with that title. Now, that song was out for a while, so there can be no claim, the Australian band Evermore existed for some time as well, the list goes on.
So for a theme park no one had heard of to use Taylor Swift to get visibility is one thing, would it not have been better to contact Taylor Swift to request the launch of her album at the park? No, the American will sue to get the upper hand for marketing. That is how I see it. And back to the law, the park was opened in 2018, so the stage of “one that identifies the phrase with a particular good or service”, that is not possible, because the theme park is not open forever and always, as their website states: ‘Evermore Park Is Currently Closed’, so they are not forever or always open, they are closed. As such the stage of “the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning”, which will fail very distinctively and directly, but when they open and if you are a fan of Taylor Swift, please complain politely (at +1 801-796-2372). Oh and lastly, the CD has the ‘e’ in lowercase, the park has it as ‘E’ (uppercase), so the name is not enough, the word is not more alike than not, another setting to let the claim fail.
Well, that is my part done for the day and I am still feeling frisky for some humour, so let take a look at what types of mischief the Kremlin is up to, I cannot make fun of Josh Shipley and not make fun of President Putin, or can I? Ah, 05:00 the new day is starting, lets see what else I can do this morning.