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Lawyers clash over “reverse confusion” in Taylor Swift ‘The Life Of A Showgirl’ trademark case

Lawyers clash over “reverse confusion” in Taylor Swift ‘The Life Of A Showgirl’ trademark case

Lawyers have been going head to head in the Taylor Swift ‘The Life Of A Showgirl‘ trademark case, and clashing over the alleged “reverse confusion” caused by the album title.

The proceedings in court centre around former Las Vegas Maren Wade performer filing a lawsuit against the pop star back in March, accusing her of knowingly disregarding her claim to a similar name.

Wade also accused Swift and UMG Recordings of trademark infringement, false designation and unfair competition against, and is seeking both unspecified damages and a court order barring the singer from continuing to use the name of her chart-topping album.

Now, at a hearing in Downtown Los Angeles on Wednesday (May 27), Swift’s legal team argued that Wade’s requests infringe on the First Amendment and defy “common sense” (via Rolling Stone).

The team argued that Swift’s ‘The Life Of A Showgirl’ did not infringe on the trademark ‘Confessions Of A Showgirl’ by Wade as it is “undisputed” that the album is “a classic expressive work” and therefore entitled to legal protections.

Swift’s lawyer also said that for Wade’s argument to be upheld, she would have to prove that people who see Wade’s shows, listen to her podcast or read her book to be doing so because they believe it is either Swift or at least a “a Swift-sponsored activity”.

“I don’t see how that could ever happen. For them to prevail, it’s not realistic,” he said.

The cover of Taylor Swift’s ‘The Life Of A Showgirl’ album. Credit: Mert Alas & Marcus Piggot

In their argument, Wade’s lawyer outlined that his client owns a federally registered trademark for “Confessions of a Showgirl”. He also highlighted how the US Patent and Trademark Office turned down Swift’s application to register ‘The Life Of A Showgirl’ as a competing trademark due to the similarities to Wade’s trademark – citing that it may cause confusion.

He also outlined how the trademark has always “identified one person” since it was filed in 2014, up until the Swift record was released. “When a consumer 1779983895 types her exact registered mark into Google, autocomplete suggests [Swift]. That’s reverse confusion,” the lawyer argued.

“[Wade] owns the mark, and defendant’s conduct is eroding it. Money cannot fix that.”

Wade’s lawyer said that there were other similarities between his client and Swift that could cause confusion, as they are both solo, female artists who perform on stage and each “produce recorded entertainment” and “embody the showgirl story and aesthetic”.

He also added that while Swift has many trademarks, the ‘Confessions Of A Showgirl’ tag is the only one that Wade has “built her professional identity under it for more than a decade”.

“She has no portfolio of alternative brands, no corporate backing, and no global marketing operation to compete for consumer attention,” the lawyer continued. “Defendants have all of these. That asymmetry is directly relevant to the equities, and it tips in the plaintiff’s favour.”

In retaliation, Swift’s team claimed that Wade saw an opportunity with the singer’s album title and was “was very much affiliating herself with Ms. Swift for eight months” as she realised the potential to make “commercial gain”.

To this, Wade’s lawyer highlighted how Wade has spent 12 years building her brand, only to see the trademark she filed be “absorbed in real time into a multi-billion dollar commercial machine”.

When Wade first filed the suit in March, she requested that there be an emergency moratorium on Swift’s ‘The Life Of A Showgirl’ sales until a decision was reached. The judge did not issue an immediate ruling at the time, and after this week’s hearing, the judge said that she will “issue a written ruling shortly”.

Swift’s ‘The Life Of A Showgirl’ arrived in October 2025 and was later confirmed as being the best-selling album of that year in the UK. The milestone made her the first artist to have the top seller in consecutive years for different albums since ABBA in 1977.

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