Pop Culture Trade Mark Battles (That Got Ugly)
High profile trade mark wars in pop culture are often seen as entertainment by the general public – especially when the litigation involves David vs Goliath scenarios – but for the entities involved, these battles are crucial for their very survival.
Why trade marks matter in pop culture
Pop culture is essentially what the general public is interested in or talking about.
It covers things that have widespread mainstream appeal and includes tangibles like movies, TV, music, fashion, sports, technology, social media and viral trends as well as intangibles such as thoughts, ideas, attitudes and perspectives.
Recognisable brands are heavily intertwined with pop culture – and trade marks play a crucial role in enabling them to protect their intellectual property whilst being able to drive the conversation around their identity and recognition to build momentum and value.
But the other side to trade marks and pop culture are the ugly battles that eventuate when there’s a threat or perception of imitation or infringement.
Trade mark battles – the not-so good, the bad and the ugly
Pop culture is about entertainment for the masses, so messy litigation involving well-known brands or icons is obviously welcome fodder for public conversations.
In this blog, we’ll highlight a couple of examples of ugly pop culture trade mark battles. While these may be entertaining to the masses, they are actually extremely serious matters which underscore the value of securing trade mark protection for IP assets (including protecting a business name) and taking proactive action when rights are infringed.
Taylor Swift – Why she can’t just ‘shake it off’ when it comes to trade mark infringements
Taylor Swift is not only a global pop icon, she’s also a savvy businesswoman who knows how to protect her brand and maintain control over her image.
She has an extensive trade mark portfolio in regards to her name, her initials, her song titles, album names, tour names, merchandise and other unique elements that define her shows and her brand identity – all of which provide a strong defence mechanism for her very valuable brand.
Swift first started filing trade mark applications in 2007 and has been involved in a number of ugly trade mark battles – both as prosecution and defence.
Setting a precedent for artists in terms of rights and creative works
In 2019, Swift was involved in a controversial dispute over the ownership of material with her former record label, Big Machine Records and others including Shamrock Capital who bought the masters of her first six studio albums. The battle was highly publicised and ignited fierce debate in the entertainment industry about artists’ rights, ownership of art, ethics etc.
Swift re-recorded her entire catalogue and eventually acquired the masters in 2025, with the process setting a precedent in the music industry and drawing attention to the rights of artists to their creative works.
Not so Lucky 13 – when is the use of a phrase deemed copyright infringement?
In 2014, Swift was accused of trade mark infringement by US clothing company, Blue Sphere over her use of the phrase ‘Lucky 13’ on merchandise and in her branding. Luckily for everyone involved, the parties reached an undisclosed settlement agreement but the case did highlight the need for trade mark owners to know their rights and actively protect them – and for third parties to be aware of the IP rights of others.
Shaking off allegations of stealing lyrics
Another allegation was made against Swift in 2013 – this time by songwriter Jesse Braham who claimed she stole lyrics from his song ‘Haters Gonna Hate’ for her mega hit ‘Shake It Off’. As reported by CNN, the case was dismissed for lack of evidence with the judge cheekily quoting lyrics from other Swift songs when she delivered her findings. It was a big win for Swift, fuelling her pop culture status and giving her millions of followers plenty to talk about.
Another highly publicised trade mark battle involving Swift that captured public attention was a claim brought by songwriters Sean Hall and Nate Butler alleging that Swift stole lyrics from them.
Like Braham, they claimed that she lifted the ‘players gonna play’ and ‘haters gonna hate’ lyrics from their ‘Playas Gon’ Play’, performed by US girl group 3LW and used them in ‘Shake It Off’. This law suit was initially dismissed, finding the use of these phrases did not infringe, however, was revived later. The law suit was dropped when both parties reached an agreement a month before the trial was due to start, but it had gone on for five years and absorbed a lot of resources on both sides.
Disney trade marks – a cautionary tale, not a fairytale
The Walt Disney Company has created many lovable characters over many decades, but it has a global reputation as being quite diligent when it comes to IP rights. While their track record of litigation may seem to some onlookers as being unnecessarily heavy handed – in our opinion, it demonstrates a clear intent and understanding about the value of brand protection.
For example, back in 1989, Disney threatened legal action against three daycare centres in Florida who had painted life-size murals of some of the main Disney characters on their walls. Disney demanded that the centres remove the artworks or face litigation – and so they complied.
Mickey Mouse exemplifies pop culture and hence this situation provoked lots of public debate, with some calling it bullying behaviour and unnecessary and definitely not in the spirit of innocent joy that those childcare centres embodied.
Whilst some may think that Disney’s approach to its IP may be aggressive, it serves a purpose. It’s aimed at not only winning the legal battle, but it also aims to deter people from unlawfully using Disney trade marks and copyright assets as well as deterring others who may be considering legal action against them.
Their fierce defence of their IP rights has resulted in legal precedents being set and has also positively influenced the way other businesses manage and monitor their own IP portfolios. Have a read of this piece in the Harvard Law Review for some more interesting insights about Disney’s works that were once protected under copyright and are now in the the public domain.
Why are trade marks so crucial?
Another pop culture icon, US pop superstar, Katy Perry has some firm opinions on the importance of trade marks if her long-running dispute with Sydney fashion designer, Katie Jane Taylor, is anything to go by. This dispute indicates that both parties have a firm belief in the value of a trade mark.
The Katy/Katie Perry case is a classic David vs Goliath scenario and it highlights the complexities of the trade mark environment and the laws that govern it.
Why you need to be vigilant about the use of your trade mark
It also highlights the need for a trade mark owner to monitor the marketplace for potential infringements. Ignoring any suspected infringements could have consequences, particularly when hoping to be compensated for the infringements. This article on how to protect your trade mark from infringement gives more information on this important issue.
Uggs turn ugly
A protracted trade mark battle in the US law courts over the rights to use the name UGG to sell the iconic sheepskin boots around the world eventually forced a long-established Australian footwear manufacturer to rebrand.
It was a case of another pop culture battle that turned ugly, with the dispute over trade mark rights between Australian manufacturers and US-based Decker Outdoor Corporation going on for decades. You can read more about the Ugg dispute here, with the case highlighting the challenges that brand owners face including the fact that trade mark rules vary from country to country.
Key takeaways
Pop culture and prominent brands are inextricably linked and therefore a registered trade mark is crucial for any business that has – or wants to have – an identity and presence with mass appeal.
In the realm of pop culture where brands are so closely aligned to recognition and identity – trade mark disputes are inevitable and often get very messy.
Having a strong defence through a comprehensive trade mark strategy goes a long way to minimising the risk of ugly and damaging litigation – and it goes a long way to maximising the efforts and investment that businesses and individuals put in to develop their public identities and reputations.
The Mark My Words team led by our highly experienced trade marks attorney, Jacqui Pryor can help you with any trade mark issue. Whether you’re after support for a trade mark application or advice on a suspected trade mark infringement, you’re welcome to get in touch for a friendly, obligation-free chat.
