Can a similar name cost millions? Taylor Swift and “Showgirl”

When we talk about trademarks, the question is not always whether two names are identical. Very often, the key issue is whether they could confuse consumers.

The case involving Taylor Swift and the name “The Life of a Showgirl” shows how a title or distinctive sign can lead to a legal dispute when it is similar to previously registered trademarks.

Priority is set by registration

The dispute over her album “The Life of a Showgirl” and the registered trademark “Confessions of a Showgirl” brought back a basic principle of international trademark law: priority is determined by registration, not by public fame.

Three points to settle before any announcement

• Pre-launch clearance: an album, a tour or a brand identity should not be announced without a prior trademark search in the key jurisdictions.
• The name is worth as much as the work: every release (an album, a tour, a product line) is a trademark asset in itself, and each asset needs to be protected separately.
• Coexistence or conflict: when an earlier registration turns up, it does not always end in litigation; very often there is a negotiation, a license or a coexistence agreement.

Registering and protecting a trademark is a key tool for safeguarding a business’s identity, reputation and commercial value.

At Synowiec & Asociados we advise labels, production companies and artist management on building and defending trademark portfolios for high-profile projects.