From showgirls to superstars: when two worlds collide
Chartered Trade Mark Attorney, Amelia Skelding dives into the recent dispute involving American singer-songwriter, Taylor Swift and a former Las Vegas performer.
This case between “showgirl” and “superstar” highlights that even the most polished brand launches can encounter an unexpected complication: the discovery that a seemingly original idea may already exist in another corner of the market.
Taylor Swift is being sued for trade mark infringement, false designation and unfair competition in the US over the title of her lastest album, “The Life of a Showgirl”, by Maren Wade, a former Las Vegas showgirl who owns the trade mark “Confessions of a Showgirl.”
Taylor was strategic with the timing of her US trade mark application for “THE LIFE OF A SHOWGIRL” (by filing the application immediately before the announcement) to ensure it was not visible to the public until after the reveal. However, the downside of this is that she did not have registered protection secured at the time of the launch.
Since being examined, the US Trade Mark Office has partially refused Swift’s application on several grounds, including a prior US registration owned by Maren Wade for CONFESSIONS OF A SHOWGIRL in Classes 9 and 41.
The launch mindset
When preparing for a major launch, the focus is rarely on legal nuance. Teams are driven by creativity, storytelling, and timing. There is often a pressure to move quickly and generate maximum impact. This mindset is not inherently flawed, but it can create blind spots. When caught up in a wave of inspiration, it is easy to overlook whether similar ideas already exist in the market.
The legal reality
Trade mark law does not require two brands to be identical for a problem to arise. Visual, aural or conceptual similarities can be enough to create a risk of confusion - this is particularly true where the shared element is distinctive or central to the brand’s identity.
The assessment is not limited to direct competition. If consumers could reasonably assume a connection between two brands - whether through endorsement, collaboration, or shared origin - a challenge may follow.
The “danger zone”
Trend-led or concept-driven branding usually carries higher risks because it is more likely to conflict with prior rights holders. This creates a “danger zone” where originality is harder to guarantee. The more a brand relies on widely understood ideas or buzzworthy language, the greater the chance that someone else has already claimed similar territory.
Why scale amplifies risk
Visibility plays a crucial role. A small-scale launch may go unnoticed, even if there is legal overlap. On the other hand, a global campaign attracts significant attention - from fans, media, and rights holders alike.
The larger the platform, the greater the scrutiny. Established brands are likely to monitor new activity in their space, and high-profile launches can trigger strong responses. In some cases, this leads to formal disputes; in others, it results in quiet negotiations behind the scenes.
Either way, the stakes are higher. Rebranding after a major launch is not just inconvenient - it can be costly, disruptive, and reputationally damaging.
A practical pre-launch “sense check”
The good news is that many of these risks can be managed with a structured approach before launch:
- Initial screening: Conduct searches to identify conflicts, looking for both identical and confusing similar marks in the same and related industries. This includes checking existing trade marks, company names, domain names and online usage.
- Geographical scope: Ensure due diligence is carried out in all relevant markets, particularly where the launch will have high visibility.
- Professional advice: For high-value or high-profile launches, seek specialist input to evaluate risk and identify potential issues early.
Pre-launch checks do not need to slow down creativity. Rather, they function as a safeguard to ensure that a new brand can be launched with confidence.
Key takeaways
The collision between two apparently unrelated brands serves as a powerful lesson: difference does not guarantee distance. Even distinct brands can overlap when they draw from shared language or concepts.
Against a background where visibility is high and originality is essential, investing early in trade mark checks can prevent much larger problems later down the line. Unfortunately for Taylor Swift, what happens in Vegas doesn’t always stay in Vegas!