The Briefing: Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’

Can a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.” In this episode, they cover: Whether a phrase can function as a protectable trademark or just a descriptive title How the Rogers test applies to tour names and merchandise What recent Supreme Court rulings mean for First Amendment defenses in trademark law From concert tours to commercial merch, the line between branding and expression is getting harder to define. Tune in for a clear look at where trademark law meets the First Amendment. The Briefing from the IP Law Blog and The IP Law Blog are publications of Weintraub Tobin (www.weintraub.com). The Intellectual Property Law Blog provides insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing and promotions, and sweepstakes. The blog’s objective is to serve as a forum to discuss IP strategies that provide protection to businesses’ or persons’ intangible assets. The blog is for informational purposes only and does not constitute legal advice.