Taylor Swift and her rights management team countersue Evermore theme park

Taylor Swift and her rights management team countersue Evermore theme park for ‘routinely playing her music on its grounds’ without authorization

A fantasy themed amusement park in Utah, called Evermore, sued Taylor Swift for trademark infringement over the use of her most recent surprise album of the same name and related merchandise. 

Now, just weeks later, the company that handles the rights for the pop star’s music and other trademarks, has filed a countersuit against the park.

In the new legal filing, Swift’s TAS Rights Management claims Evermore Park routinely played Swift’s music on its grounds ‘without authorization or license agreement,’ according to Rolling Stone.

Legal battle: Taylor Swift’s company that handles the rights for the pop star’s music and other trademarks, has filed a countersuit against Evermore Park, a theme park in Utah

In the suit, TAS claims Evermore Park was regularly engaged in copyright infringement, which includes regularly playing three songs — Love Story, You Belong With Me, and Bad Blood — during performances without a proper license. 

It also accuses Evermore of repeatedly ignoring messages from BMI, the performance rights organization, regarding the legal matter, and instead continued ‘to benefit from the free and unauthorized public performance of [the songs], despite actual knowledge of the liability and substantial penalties imposed by the Copyright Act to protect artists.’ 

TAS is seeking a court order for Evermore Park to pay enhanced statutory damages for each infringed upon work and performance.  

Countersuit: Swift's TAS Rights Management claims Evermore Park routinely played Swift’s music on its grounds 'without authorization or license agreement,' according to Rolling Stone

Countersuit: Swift’s TAS Rights Management claims Evermore Park routinely played Swift’s music on its grounds ‘without authorization or license agreement,’ according to Rolling Stone

The pop superstar's countersuit also accuses Evermore Park of repeatedly ignoring messages from BMI, the performance rights organization, regarding the legal matter

The pop superstar’s countersuit also accuses Evermore Park of repeatedly ignoring messages from BMI, the performance rights organization, regarding the legal matter

Earlier this month, the park’s CEO Ken Bretschneider claimed Swift’s use of Evermore for her ninth studio album title caused ‘actual confusion’ that affected the park’s online presence negatively, and that it ‘infringes on the park’s merchandise designs’.

At the time, attorneys for Swift came out publicly and called the claims ‘frivolous’. 

And in the TAS countersuit, Swift’s team maintained that BMI tried to communicate with Evermore, but only responded after leaning that the countersuit was imminent. 

Evermore Park does not feature any major rides, instead it has trained actors who portray fantasy characters as the main attraction

 Evermore Park does not feature any major rides, instead it has trained actors who portray fantasy characters as the main attraction

The battle of Evermore: The small fantasy-themed park opened in Pleasant Grove, Utah in September 2018, which was more than two years before Swift's Evermore album dropped

The battle of Evermore: The small fantasy-themed park opened in Pleasant Grove, Utah in September 2018, which was more than two years before Swift’s Evermore album dropped

The small fantasy-themed park opened its door in Pleasant Grove, Utah in September 2018, which was more than two years before Swift’s Evermore album dropped in December 2020.

Unlike more traditional theme parks, Evermore Park does not feature any major rides, instead it has trained actors who portray fantasy characters as the main attraction.

Those characters invite guests, dubbed World Walkers, to interact with them, and ask questions, discover their backstory, join one of Evermore’s guilds, and help them with different tasks. 

Swift’s Evermore album debuted at number one on the Billboard 200, making Swift the only woman in U.S. history to amass eight consecutive number-one debuts.

Bonafide hit: Swift's Evermore album debuted at number one on the Billboard 200, making Swift the only woman in US history to amass eight consecutive number-one debuts; Swift is seen at the Sundance Film Festival in Park City, Utah in January 2020

Bonafide hit: Swift’s Evermore album debuted at number one on the Billboard 200, making Swift the only woman in US history to amass eight consecutive number-one debuts; Swift is seen at the Sundance Film Festival in Park City, Utah in January 2020