“Call It What You Want”: Navigating the Legality of Taylor Swift-Themed Merchandise
In the quiet town of Sparta, North Carolina, the Blue Ridge Mountains hide a bustling factory that churns out Taylor Swift-inspired soaps. With scents ranging from the cucumber and honeydew "After Glow" to the sage and lavender "Reputation," Sparta Candle Co. produces 1,000 bars daily, catering to fans across the U.S., Australia, and Europe.
Jennifer Swenk, the CEO behind this Taylor Swift-themed collection, is part of a hidden "Taylor economy" that extends beyond concert tickets, movies, and official merchandise. Swift recently attained billionaire status, but there's a plethora of Swift-related items that don't contribute to her wealth, such as fan-themed cruise trips, Etsy products, and local storefronts like Orlando's Gasp Happy Store.
The legality of such products under trademark law becomes a pertinent question. Trademarks signify a product's source, representing an official endorsement. Legal trouble arises when unauthorized parties use a trademark in a way that confuses consumers about the product's source.
For instance, selling a T-shirt with the words "The Eras Tour" using Swift's trademarked color and font outside a concert venue with licensed merchandise tents would likely infringe on trademark rights. However, fan art, like hand-drawn birthday cards, is generally considered safe as consumers can distinguish them from official merchandise.
While some businesses, like Marvelous Mouse Travels (the company behind the now sold-out Taylor Swift Cruise), explicitly state their offerings are not affiliated with Swift, others, such as Sparta Candle Co., use disclaimers to prevent confusion. However, even with disclaimers, businesses are not entirely immune to cease and desist letters.
Though recent legal battles against fan-made Swift items are not widely reported, there were instances several years ago, particularly on Etsy, where sellers received cease and desist letters from Swift's legal team.
Artists often go after direct copies or counterfeit items. The decision to pursue legal action depends on factors like the similarity of names and products, as well as the fame of the trademarks. The burden of filing legal action rests with the trademark owner, in this case, Swift.
For Jennifer Swenk of Sparta Candle Co., her business, inspired by Swift, features 40 original soaps, with fragrances often selling out ahead of the holiday season. While she hopes to collaborate with Swift someday, she acknowledges the importance of keeping her business ethically aligned.
In this intricate landscape of fan-inspired merchandise, the legality rests on the fine line between homage and infringement. For merchants like Jennifer Swenk, navigating this terrain requires not only creativity but also a keen understanding of trademark laws to ensure they stay on the right side of the legal spectrum.
Read more about Sparta Candle Co. and the legalities of the “Taylor Economy” here.
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