Fashion Law Trademarks

Taylor Swift Settles Lawsuit With Lucky 13

The lawsuit filed by rockabilly label ‘Lucky 13′ against Taylor Swift for trademark infringement has finally been settled out of court.  Twenty five year old Swift has allegedly always had a strong connection to the number – it’s part of her twitter handle and she allegedly writes 13 on her hand before every concert, considering it a good luck charm. She was born on December 13th. Even her management company is called 13 Management, LLC. However, it was her use of the phrase ‘Lucky 13′ on t-shirts and gift cards that she sells via her online store that riled up Robert Kloetzly, the owner of the Lucky 13 fashion brand and trademark.

The lawsuit, filed last year, claimed “There can be no doubt that Swift – who has an extensive trademark portfolio and numerous business and licensing partner knows, understands and substantially profits from her carefully cultivated and meticulously managed trademarks and brand, image, and other intellectual property.” Earlier this year Lucky 13 sent Swift discovery requests, including photos of her body in revealing clothes, to show that her grown-up image overlaps with its own customer base. According to WWD, the company also requested that Swift “make a formal deposition stating whether or not she knew about the existing Lucky 13 trademark.”

Kloetzly and Swift were scheduled to go to trial in the California District Court later this month with Lucky 13 apparel’s owner seeking profits from Swift’s “Lucky 13”  t-shirt and greeting cards, as well as damages for the ever mounting legal fees that he’s racked up.

It’s disappointing this won’t go to court – it would have been interesting to see if Kloetzly’s trademark would be invalidated. The phase has been around for a long time – the Neil Young album springs to mind, and it’s a common name among tattoo parlours the world over. Nonetheless, he owns the trademark relating to fashion and we can see why he doesn’t want his customers associating his badass brand with a pop princess!

The terms of the settlement remain confidential.

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