Earlier this month, a fantasy amusement park in Utah called Evermore sued Taylor Swift for trademark infringement for her latest album of the same name. Now, TAS Rights Management, the company that manages Swift’s trademark and music rights, has counterclaimed the park, Rolling Stone points out, and Pitchfork can confirm it.
According to court documents inspected by Pitchfork, the counterclaim alleges that Evermore Park routinely played Taylor Swift’s music “without a license or licensing agreement” for his reasons.
The docket contains two letters from BMI (the organization for performing rights) to Evermore Park dated August and September 2019. Both letters inform Evermore Park about the copyrighted nature of the use of music. “In the past, you have been sent letters along with licenses that reflect your $ 1,728.67 music usage fee for just the period May 2019 to December 2019,” a letter said. “This fee does not include all other unlicensed periods of time that you have used music.” The lawsuit specifically relates to the use of Swift’s songs “Love Story”, “You Belong With Me” and “Bad Blood” by the park.
TAS ‘lawsuit alleges that as of 2019, BMI repeatedly attempted to reach Evermore Park by phone call, email, and letter. However, the amusement park reacted only after learning that TAS ‘counterclaim was imminent.
TAS is seeking a court order for Evermore Park to pay increased statutory damages for any breach of work and performance.
Pitchfork has contacted Evermore Park and TAS Rights Management representatives for comment.