Terence Ross interprets a defense argument about paying monetary damages as a potential invitation for Taylor Swift's team to settle the lawsuit by purchasing the trademark from Maren Flagg.

Terence Ross finds it telling that Taylor Swift's legal defense team avoided any discussion of whether they conducted a trademark search before using the album title, implying they likely knew about M...

Terence Ross suggests that Taylor Swift's decision to apply for a trademark registration for 'Life of a Showgirl' may have been a strategic mistake, as it implies intent to use the phrase as a brand i...

Terence Ross believes that merchandise sold by Taylor Swift's entities, such as candles branded with 'Life of a Showgirl', is not expressive conduct and therefore is not protected by the Rogers Test.

Terence Ross is highly confident that Taylor Swift will not be forced to change her album's name or recall the album, as the Rogers Test still applies to titles of musical works.

Terence Ross believes there is a low likelihood of consumer confusion between Maren Flagg's 'Confessions of a Showgirl' and Taylor Swift's 'The Life of a Showgirl' due to Swift's global celebrity stat...

Terence Ross predicts the district court judge will likely deny Maren Flagg's motion for a preliminary injunction because she cannot prove a likelihood of success on the merits.

Terence Ross believes the defense's argument that Maren Flagg has 'unclean hands' for trying to associate with Taylor Swift's album is a weak legal argument that is unlikely to succeed with a judge.

Terence Ross believes that Taylor Swift will ultimately win the right to use 'The Life of a Showgirl' as her album title because it is protected as an expressive work under the Rogers Test.

Marin Flagg registered the trademark for 'Confessions of a Showgirl' in 2014.

Terence Ross speculates that Taylor Swift's legal team likely knew about Marin Flagg's existing trademark before launching the album, which could lead to a finding of willful and intentional infringem...

Taylor Swift's legal team is arguing that the album title is an expressive work protected by the First Amendment under the Rogers Test doctrine.

Taylor Swift's defense argues that Marin Flagg's 8-month delay in seeking an injunction, during which she allegedly tried to associate herself with Swift's album, demonstrates a lack of irreparable ha...

The Supreme Court's ruling in Jack Daniel's versus VIP Toys narrowed the Rogers Test doctrine to apply primarily to the titles of expressive works, not to the use of a phrase as a business identifier.

Terence Ross predicts that the Rogers Test will still protect the title of Taylor Swift's album, and she will not be forced to change it or recall the product.

In November 2025, the United States Trademark Office issued a non-final office action to deny Taylor Swift's trademark application for 'The Life of a Showgirl', citing likely confusion with existing m...

In March 2026, the United States Trademark Office suspended Taylor Swift's trademark application for 'The Life of a Showgirl'.

Terence Ross believes that merchandise sold by Taylor Swift's entities, such as candles branded with 'Life of a Showgirl', may not be protected by the Rogers Test because they are not considered expre...

Terence Ross argues that Taylor Swift's application for a trademark for 'Life of a Showgirl' could be interpreted as a concession that the phrase is used as a business identifier, which would remove i...

The United States Trademark Office suspended Taylor Swift's trademark application for 'The Life of a Showgirl' in March 2026.