Taylor Swift’s Lawyer Argues "Life of a Showgirl" Branding Is Protected by First Amendment

Taylor Swift ’s longtime lawyer argued in court on Wednesday (May 27) that the First Amendment protects The Life of a Showgirl from trademark claims.

Douglas Baldridge appeared in Los Angeles federal court to oppose Las Vegas performer Maren Wade’s injunction bid . Wade, who puts on a cabaret show called “Confessions of a Showgirl,” alleges Swift’s latest No. 1 album infringes her intellectual property and wants to block The Life of a Showgirl merch sales until the litigation is fully resolved.

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Judge Serena R. Murillo opened up the hearing by suggesting that her “real concern” in this case is whether The Life of a Showgirl should be shielded from trademark litigation because the album is a piece of art — that is, a so-called expressive work under First Amendment case law. Wade’s attorney, Jaymie Parkkinen , argued on Wednesday that the answer is no because Swift uses the album title not just for music, but also for a massive “branding campaign.”

Baldridge, who has represented Swift for years as both outside counsel at the firm Venable and in-house during her record-breaking Eras Tour, countered that The Life of a Showgirl is a “classic expressive work.” He cited Lady Gaga ’s recent court victory in a similar trademark lawsuit over her Mayhem album on artistic expression grounds.

“That’s why the First Amendment applies here, and that’s why they can’t get a preliminary injunction, much less win the case,” Baldridge said.

Wade, born Maren Flagg, has owned the trademark “Confessions of a Showgirl” since 2015 for her touring cabaret show about the escapades of a modern-day Las Vegas performer. Swift’s company TAS Rights Management sought to trademark the phrase “The Life of a Showgirl” upon the album’s announcement in August, but the U.S. Patent and Trademark Office (USPTO) preliminarily denied the application due to a likelihood of confusion with Wade’s existing mark. The trademark request remains pending.

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The Life of a Showgirl debuted atop the Billboard 200 in October with a record 4 million units in its first week, and the album went on to reign atop the chart for 12 weeks. Then came the lawsuit: Wade sued Swift in March, claiming the new era “threatened to swallow” her much smaller business.

During Wednesday’s hearing, Parkkinen argued that Wade’s trademark is “being absorbed in real-time.” He said an injunction would make a huge difference for Wade, while any resulting lost profits for Swift or her label partners at Universal Music Group would be nothing more than a “rounding error.”

Meanwhile, Swift’s attorneys have asserted in response to the lawsuit that there are significant differences between “Confessions of a Showgirl” and The Life of a Showgirl . Pointedly, they noted in a May court filing that while Swift plays sold-out stadiums, Wade “performs, if at all, in small intimate venues, such as a 55+ active community.”

Swift’s camp has also criticized Wade for intentionally associating herself with Swift’s brand on Instagram and TikTok, citing more than 40 posts that featured hashtags like #thelifeofashowgirl, #TS12, #taylorswift and #swifties. On Wednesday, Baldridge pointed to one post in which Wade said she was in her “showgirl era.”

“I don’t know if your honor follows Ms. Swift, but ‘era’ is a pretty big word for us,” said Baldridge.

Judge Murillo did not announce any ruling on the injunction motion during the hearing, saying a written decision would come down “shortly.” Swift’s team has also requested separately to dismiss the lawsuit outright, and that motion remains pending.

_Originally reported by [Billboard](https://www.billboard.com/pro/taylor-swift-life-of-a-showgirl-case-lawyer-fights-lawsuit/)._