In November 2025, Taylor Swift’s trademark application for “The Life of a Showgirl” received a rejection from the United States Patent and Trademark Office (USPTO) citing a prior registration for “Confessions of a Showgirl” trademark covering blogs, live performances, TV and movies in the name of a Las Vegas showgirl, Maren Wade/Flagg. Rejections of trademark applications based on citations of prior registrations are not uncommon in trademark applications and many may be overcome with the proper arguments. This matter is currently pending.
On March 30, 2026, a full eight months after Swift released her album entitled “The Life of a Showgirl” in October 2025, Wade filed a lawsuit claiming trademark infringement, alleging Swift’s sales were harming her business, suggesting she believes that the public would confuse her cabaret show with the popular shows of Swift known throughout the world. She then filed a motion for preliminary injunction to try to stop Swift from selling her “The Life of a Showgirl” album and merchandise while the trademark dispute continues, sales which would likely be considerable.
Swift responded by noting that Wade has been playing up the similarity of the names in social media, likely in an attempt to suggest an association between Wade and Swift for her own monetary gain, stating that Wade “cannot now claim confusion or harm over an association she tried to manufacture” in her lawsuit. Certainly, the lawsuit itself has brought Wade considerable media attention and publicity.
In the hearing on the motion for an injunction on May 27, 2026, the judge stated that the decision may rest on whether Taylor Swift’s use of her album’s name is protected by free speech, referencing the Rogers test, which tries to balance freedom of artistic expression against claims of trademark infringement. Wade’s attorney responded by claiming that Swift gave up rights to free speech when she filed for trademark protection. Swift’s attorney responded, claiming that the work retains free speech protection and there is no likelihood of confusion between the cabaret performer and the world-famous pop star’s uses of Confessions of a Showgirl and Life of a Showgirl, respectively. The judge indicated that he will make a ruling on the motion at a later time.
The day prior to the hearing, on May 26, 2026, Swift filed a motion to dismiss Wade’s claims. That motion is set for hearing on August 5, 2026.
TAKEAWAY:
This case highlights how even high-profile celebrities like Taylor Swift are not immune from trademark disputes and are often targeted for such lawsuits given their notoriety. The outcome will likely clarify how courts apply the Rogers test and free speech protections when a trademark is used as a source identifier, as well as applying the traditional “likelihood of confusion” test.
Author:
Mary L Grieco, Partner
Olshan Frome Wolosky LLP
https://www.olshanlaw.com/
mgrieco@olshanlaw.com
+1 212 451.2389
