Taylor Swift’s Fearless intellectual property strategy

Trade marks in the public eye

Trade marks are a form of intellectual property which are easily recognisable and distinguish origin amongst products or services – words, logos and even colours are all capable of being registered trade marks. Individuals and corporations will often seek to register a trade mark to prevent anyone else from being able to use it, which is exactly what Taylor Swift has done with the assistance of TAS Rights Management LLC.

Taylor Swift’s name became her first trade mark to be registered in the United States in 2008 and, since then, she has amassed an impressive collection of trade marks ranging from song titles, albums, her recent tour name and individual lyrics to name but a few. It might surprise you to learn that even the names of Taylor Swift’s three cats are registered – Meredith, Olivia & Benjamin Swift! These registrations do not just protect Taylor Swift’s identity and ever-growing presence in America but span various continents and a multitude of categories, making sure that she will never go out of Style.

What are the benefits of registering trade marks?

One of the key driving factors behind pop stars and celebrities utilising registered trade marks, is to allow them to pro-actively manage their brand image and thereby protect their Reputation. Whilst registration provides legal recourse for any unofficial use, having her most popular catch phrases and song lyrics registered as trade marks, also means that Taylor Swift has control over what merchandise is sold and the messaging which is conveyed to her impressionable fans. This is a clever marketing strategy which has helped Taylor Swift grow her fan base and stay one step ahead in the highly competitive music industry.

Taylor Swift’s boyfriend, Travis Kelce, appears to have followed in her footsteps having filed five of his own trade mark applications back in 2023 in his home state of Ohio. These included applications to register his Instagram handle, reference to his jersey number as well as a potential registration of “KELCE’S KRUNCH” which are all currently pending approval by the US Patent and Trademark Office.

It has not been a Love Story, however, for every popstar who has been involved in the world of intellectual property in recent years. Katy Perry notably lost her trade mark battle in the Australian Federal Court in 2023 with her company, Kitty Purry, having been found to have infringed the “KATIE PERRY” trademark which had been registered by an Australian fashion designer since 2008. This aptly referred to ‘David and Goliath’ dispute emphasises the benefits to registering your trade marks, no matter how big or small your business may be.

Taylor Swift’s fight to reclaim the Masters in her songs

Taylor Swift released her debut album at the age of 16, having signed on with Big Machine Records (“BMR”) in 2005 and went on to release a further five albums before she left the record label in 2018. This departure was sparked by the fact that, whilst Taylor Swift owns the copyright in the musical composition of these six albums, she does not possess the Masters – these belong to BMR who made those original recordings possible. Taylor Swift’s Bad Blood with BMR was exacerbated when Scooter Braun’s company purchased the record label, and he subsequently sold the desirable Masters to an investment corporation for upwards of a rumoured $300 million.

In reality, this meant that the record label had control over Taylor Swift’s ability to perform her original music and continued to profit by holding the permission for use of these songs in television and film. Taylor Swift publicly claimed that she was prevented from performing her original songs at the 2019 American Music Awards, but this was robustly denied, and she was ultimately able to perform her songs at the AMAs. A well-publicised dispute nonetheless ensued between the known enemies and so, How Did It End?

By re-recording new versions of her earlier albums and adding “(Taylor’s Version)”’ to the title, Taylor Swift has been able to avoid copyright infringement of the Masters in the original sound recordings, but this has been an on-going process to ensure that she does not breach the time restrictions in her contract. Not to miss a trick, Taylor Swift has also registered trade marks in the United States for the revamped names of the albums she has re-recorded! Having carefully negotiated ownership of the Masters in these re-released recordings with her new record label, Taylor Swift is free to go forward and negotiate the commercial licencing of this music as she pleases. Her old record label will continue to benefit financially from the original albums, but as of today, Taylor Swift has re-recorded four out of her six original albums, which are proving to be huge successes and will Forever & Always belong to Taylor Swift (subject of course to future assignments or licences which she may enter into).

The takeaway for upcoming artists

Taylor Swift has highlighted the potential disastrous effects if ownership of copyright is not carefully managed, but she has also shown upcoming artists that, when applied correctly, intellectual property can be utilised as a clever marketing strategy to stand you apart from the crowd, boost your career projection and has helped to build and protect all that has made her who she is today. It is this pragmatic business approach combined with her impressive musical talents which has meant that Taylor Swift’s intellectual property rights are Safe and Sound.

For advice on identifying and protecting your intellectual property rights or your involvement in any dispute, please get in touch with our intellectual property experts.