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7 August 2015Trademarks

Taylor Swift to give deposition ahead of trademark case

US singer Taylor Swift has been ordered to give a deposition in a case that centres on her alleged infringement of trademarks for ‘Lucky 13’.

In an order handed down on Wednesday, August 5, at the US District Court for the Central District of California, Judge Douglas McCormick said Swift must submit a deposition in the case against California-based clothes company Blue Sphere.

The singer had filed a protective order seeking to prevent her from being forced to answer questions. She will now be expected to answer queries about her brand and trademark awareness.

Swift was sued in May last year by Blue Sphere—which does business as Lucky 13— for allegedly infringing its ‘Lucky 13’ trademarks by using the term on her own merchandise.

In July this year, Blue Sphere filed a motion seeking a declaration that the singer would sit through a binding interview. Despite attempts by Swift to reject the motion, McCormick sided with Blue Sphere, who must now testify under oath.

A date has not yet been set for the deposition, but the trial with Blue Sphere is set to be heard in November.

In its initial complaint, Blue Sphere claimed it has several registered trademarks for ‘Lucky 13’, covering items including clothes, chains and bags.

Blue Sphere alleged that in March 2012, “about 20 years after” Lucky 13 first used its trademarks, Swift began using the term to market and sell apparel in “at least the US, without requesting permission or otherwise securing a licence”.

It said: “Swift’s unauthorised use and continued use in interstate commerce of ‘Lucky 13’ for apparel and other products is identical in nature to Lucky 13’s marketing and sale of the Lucky 13 goods.

“This is because Lucky 13’s goods and Swift’s apparel and related products are marketed and sold in the same distribution channels and for a similar price.”

Blue Sphere had not responded to a request for comment at the time of publication, but we will update the story should the company get in touch.

Swift could not be reached for comment.

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More on this story

Trademarks
10 August 2015   An attorney representing the clothing company locked in the ‘Lucky 13’ trademark tussle with Taylor Swift has said he is trying to set a date for the singer's deposition, adding that “celebrity is not a synonym for immunity”.