Keep pulling the thread on Weekend Law.
Marin Flagg, a former Las Vegas showgirl, filed a lawsuit alleging Taylor Swift's album title 'The Life of a Showgirl' infringes on her registered trademark for 'Confessions of a Showgirl'.
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 its protection under the Rogers Test.
Taylor Swift's album 'The Life of a Showgirl' was the fastest-selling album in history.
'The Life of a Showgirl' became Taylor Swift's 15th number one album.
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 marks.
In March 2026, the United States Trademark Office suspended Taylor Swift's trademark application for 'The Life of a Showgirl'.
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.
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.
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 expressive works.
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 infringement.
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 harm and constitutes 'unclean hands'.