The “I Knew You Were Trouble” singer has fired back against a trademark infringement lawsuit filed against her regarding clothing products that bear the phrase “Lucky 13.”
Swift was sued in May by the company Blue Sphere Inc., which does business as Lucky 13 and sells an array of products, including clothing.
The company claims that Swift has done harm to it by marketing and selling clothing with the phrase “Lucky 13,” alleging she “undeniably and squarely fits within the exact same consumer demographic” that the Lucky 13 brand markets and sells to.
In legal papers filed in federal court in California on Monday, Swift’s legal team insists that Blue Sphere is way off base, and that there’s no way that Swift’s products could be confused with the plaintiffs’.
“First, the alleged uses of ‘Lucky 13’ are so drastically and obviously different that there’s no chance that any consumer could possibly be confused about the source of the goods,” Swift’s rebuttal reads.
Blue Sphere, Swift’s legal filing reads, are billed as “the premier online fashion retailer with exclusive designs for men and women and children of the true American Rockabilly Pride!” While Blue Sphere’s aesthetic is exemplified by designs featuring skull-and-crossbones, tattoos and “cartoon women in bikinis,” Swift’s filing reads, the shirt they’re suing over is “a basic green t-shirt with a shamrock image … in connection with St. Patrick’s Day.”
“These differences in style and purpose, the accused t-shirt displays the ‘Taylor Swift‘ signature logo below the word ‘Lucky.’ These differences in style and purpose, coupled with the use of ‘Taylor Swift,’ eviscerates any chance that a consumer could possibly be confused,” the filing reads. “No reasonable consumer would buy a basic green t-shirt for St. Patrick’s Day thinking that it was somehow related to Plaintiffs’ vintage American apparel line.”
In its suit, Blue Sphere alleges trademark infringement, trademark dilution, unfair competition and other counts.
Pamela Chelin contributed to this report.