"This is a case of 'Why You Gotta Be So Mean,'" the lawsuit said, referring to a popular Swift song whose YouTube video has been viewed more than 75 million times. "Without first obtaining Lucky 13's written consent or a license from Lucky 13, Taylor Swift marketed and sold Lucky 13 apparel."
CLEVELAND, Ohio -- American Greetings Corp. and Taylor Swift are being sued in federal court for trademark infringement and other violations by Blue Sphere Inc., a California company that operates as the edgy brand "Lucky 13."
The 39-page lawsuit, filed in Southern Division of U.S. District Court for the Central District of California by Lucky 13 and Chief Executive Robert Kloetzly, accuses American Greetings and Swift of piggybacking on the worldwide success and goodwill of their 23-year-old brand to sell greeting cards and other products.
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View full sizeTaylor Swift in concert at Quicken Loans Arena on July 30, 2011. Despite the fact that Lucky 13 owns federally registered trademarks on merchandise ranging from T-shirts and backpacks to costume jewelry to motorcycle helmets to hair gels and naval rings, "Swift and American Greetings used 'Lucky 13' to market and sell greeting cards, through the sponsorship of the 'Lucky 13' Sweepstakes contest through at least the [American Greetings-sponsored] www.taylorswiftcards.com website, without authorization," court documents say.
An American Greetings spokeswoman said the company does not comment on pending litigation.
"This is a case of 'Why You Gotta Be So Mean,'" the lawsuit said, referring to a popular Swift song whose YouTube video has been viewed more than 75 million times. "Without first obtaining Lucky 13's written consent or a license from Lucky 13, Taylor Swift and American Greetings developed and substantially advertised a 'Lucky 13' Sweepstakes contest through which they marketed and sold greeting cards trough the www.taylorswiftcards.com e-retail website."
For the 13 weeks of the contest, "each of the thirteen 'Lucky 13' winners were to receive: a Taylor Swift-branded T-shirt; two 'RED'-branded drawstring backpacks; a branded grey rubber bracelet; two branded red rubber bracelets; a Taylor Swift poster; two 2013 branded locker calendars; one branded guitar pick pack; one large branded spiral notebook; and, two small branded spiral notebooks."
Lucky 13 said the "Defendants' conduct has been and will continue to be malicious, fraudulent, deliberate, willful, intentional, and in disregard of Plaintiff's intellectual property rights."
Lucky 13, which describes itself as a small business in Costa Mesa, Calif., that markets and sells Lucky 13-branded clothing, posters and other paper products and also owns several federally registered Lucky 13 trademarks. Founded in 1991, the company has built an extensive business selling Lucky 13-branded T-shirts, clothing, footwear, jewelry, body sprays and pomade, license plates and key chains, motorcycle helmets and paper products such as desk calendars.
It pointed out that Swift was the highest earning musical act in 2013, earning about $40 million, according to Billboard magazine, and that her net worth is estimated to be at least $200 million. American Greetings, one of the world's largest greeting card companies, had revenues of $1.97 billion for its last fiscal year.
It also noted that both Swift and American Greetings have gone to great lengths to trademark and protect their own creative work, including the card company's Holly Hobbie, Strawberry Shortcake and Care Bears brands, but that they failed to consider Lucky 13's intellectual property rights.
Moreover, on June 17, American Greetings was named the owner of the "most trustworthy e-retail website in the world" by Online Trust Alliance, based on its data protection, privacy and security.
"Ms. Swift -- who has been photographed with permanent or temporary tattoos and markets herself as liking fast cars and dangerous men who drive them inappropriately, as demonstrated by her 'I Knew You Were Trouble' music video -- undeniably and squarely markets to and now fits within the exact consumer demographic to whom Lucky 13 markets and sells its Lucky 13 goods."
"In filing this action, tiny Lucky 13 is standing up for itself -- much like Ms. Swift has done with great vim and vigor against the bullies she has encountered in her own life," the lawsuit said.
It said Swift has been using the term "Lucky 13" without permission to sell apparel via social media and on her www.taylorswift.com website since March 1, 2012. The Lucky 13 Sweepstakes started on March 13, 2013.
The lawsuit notes that Swift and American Greetings "have a net worth of several billion dollars and certainly could have afforded to license the Lucky 13 marks from Lucky 13. While Ms. Swift understood and accepted that, for the bullies who confronted her, 'all you're ever going to be is mean,' Lucky 13 believes that Ms. Swift and American Greetings will do the right thing in this matter."
Lucky 13 is seeking defendants' profits, Lucky 13's lost profits and damages, punitive damages, attorneys' fees, and what it calls "corrective advertising to eliminate the confusion caused by Defendants' wrongful acts," but does not specify a dollar amount.
Plain Dealer Reporter Jo Ellen Corrigan contributed to this story.