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Tag: Lucky 13

  • Taylor Swift Being Sued Over Trademark Infringement

    On Tuesday, May 20, Blue Sphere, Inc., which owns the clothing line Lucky 13, filed a lawsuit against pop superstar Taylor Swift, claiming trademark infringement.

    It is no secret that Taylor’s favorite number is her lucky number 13. “I was born on the 13th. I turned 13 on Friday the 13th. My first album went gold in 13 weeks. My first #1 song had a 13-second intro,” she explained to MTV News in 2009. “Every time I’ve won an award I’ve been seated in either the 13th seat, the 13th row, the 13th section or row M, which is the 13th letter.”

    She explained that she even paints the number 13 on her hand before performing for good luck. “The significance of the number 13 on my hand … I paint this on my hand before every show because 13 is my lucky number — for a lot of reasons,” she explained. “It’s really weird.”

    However, Taylor’s “lucky number” may not be so lucky anymore. Blue Sphere, Inc., which was formed in 1991, says that they had been using the phrase “Lucky 13” for their merchandise for over two decades before Taylor made her line of merchandise with the same phrase in 2012 without requesting their permission.

    “While Swift’s merchandising and licensing team obsessively focuses on the Swift brand, it ignores the intellectual property rights of others,” the lawsuit reads.

    “Swift’s conduct has been and will continue to be malicious, fraudulent, deliberate, willfull, intentional, and in disregard of Plaintiffs’ intellectual property rights,” the 28-page suit continues. “There can be no doubt that Swift — who has an extensive trademark portfolio and numerous business and licensing partners, and whose record label is even named the ‘Big Machine’ — knows, understands and substantially profits from her carefully cultivated and meticulously managed trademarks and brand, image, and other intellectual property.”

    The lawsuit, which was filed at the US District Court in Orange County, California, is seeking profits from Taylor’s merchandise sales, along with punitive damages, recovery of lost profits and legal fees.

    Image via Wikimedia Commons

  • Taylor Swift Sued by Lucky 13 Clothing Company

    “Basically whenever a 13 comes up in my life, it’s a good thing.”

    Maybe not this time, Taylor.

    Country-pop diva Taylor Swift is being sued by a California clothing company that claims that Swift has been using Lucky 13 on merchandise when, in fact, that logo belongs to them.

    Blue Sphere, Inc. filed an infringement lawsuit against the 24-year old singer saying that they have been using Lucky 13 on their line of 1950s rock ‘n’ roll attire since 1991.

    “Swift’s conduct has been and will continue to be malicious, fraudulent, deliberate, willfull, intentional, and in disregard of Plaintiffs’ intellectual property rights,” the suit reads, adding that Swift “undeniably and squarely fits within the exact same consumer demographic” that the Lucky 13 brand markets and sells to.

    In 2009, Swift told MTV News why 13 was her lucky number.

    “The significance of the number 13 on my hand … I paint this on my hand before every show because 13 is my lucky number – for a lot of reasons,” she explained. “It’s really weird.”

    Swift continued, “Not only is it the day she was born on in December 1989, but over the years it has become so much more. I was born on the 13th. I turned 13 on Friday the 13th. My first album went gold in 13 weeks. My first #1 song had a 13-second intro. Every time I’ve won an award I’ve been seated in either the 13th seat, the 13th row, the 13th section or row M, which is the 13th letter.”

    Blue Sphere, Inc., also pointing out that Swift has a partnership with American Greetings Corp. to market Lucky 13 greeting card contests, has claimed that they have tried to contact Swift several times but there was never any resolution

    “There can be no doubt that Swift – who has an extensive trademark portfolio and numerous business and licensing partners, and whose record label is even named the ‘Big Machine’ – knows, understands and substantially profits from her carefully cultivated and meticulously managed trademarks and brand, image, and other intellectual property,” the suit reads.

    As well as infringement, the suit alleges trademark dilution and unfair competition and seeks Swift’s profit and Lucky 13’s lost profit and damages.

    Any request for comment from Swift or her people has not been returned.

    Image via YouTube