Lawsuit says Taylor Swift's 'Showgirl' pose comes too close to the work of a real one

“Both share the same structure, the same dominant phrase, and the same overall commercial impression,” the lawsuit says. “Both are used in overlapping markets and are directed at the same consumers.”

Wade is described as a “singer, songwriter, comedian, and writer” in the lawsuit filed under her legal name, Maren Flagg, and her “Showgirl” brand encompasses performances, writing and digital media.

“The Life of a Showgirl,” the stadium-packing superstar's 12th studio album, released in October, sold 4 million copies in its first week. Its cover features her in Las Vegas cabaret garb, submerged in water with her current favorite color scheme of orange and mint green. On Tuesday, the morning after the lawsuit was filed, Swift dropped the newest video for the album for the album's track “Elizabeth Taylor,” featuring archival footage of the Hollywood luminary who died in 2011.

Wade appeared to embrace Swift’s use of the showgirl image initially, sharing Instagram posts that used Swift's music, hashtags related to the album, and the mint green color scheme. But Wade's social media presence has gone silent in recent months.

Also named as defendants in the lawsuit are the company that manages Swift’s trademarks, her record label and its merchandising arm.

The lawsuit says the album, its promotion and the products surrounding it caused “textbook reverse confusion: a junior user's overwhelming commercial presence drowns out the senior user’s mark, until consumers begin to assume that the original is the imitation. What Plaintiff had built over twelve years, Defendants threatened to swallow in weeks.”

A representative for Swift declined comment on the lawsuit.

Wade and her attorney say that the existence and trademark of “Confessions of a Showgirl” would not have escaped the notice of Swift's team.

The lawsuit says the U.S. Patent and Trademark Office declined to grant a trademark registration to “Life of a Showgirl” over potential confusion with the existing trademark.

“Defendants were therefore placed on actual notice that their chosen designation was likely to be confused with a mark that already belonged to someone,” the lawsuit says. “They continued using it anyway.”

A letter issued by the office in early March says the application was suspended due to potential confusion with another pending trademark filed earlier, for “Showgirl,” by a third party and pertaining to perfume. It also cited a “Likelihood of Confusion Refusal” based on the existing “Confessions” trademark.

The lawsuit seeks an injunction permanently barring Swift and her companies from using the “Life of a Showgirl” name and imagery, and monetary damages to be determined at trial, including profits attributable to the use of the brand.