The legal tussle continues between Taylor Swift and Robert Kloetzly, owner of the Costa Mesa, Calif.-based t-shirt and accessories line Lucky 13, who last year filed suit against the singer and her companies claiming that Swift’s merchandise bearing the phrase “Lucky 13” infringed on its trademark.
Earlier this year, Lucky 13 sent Swift discovery requests, including photos of her body in revealing clothes, to show that her grown-up image overlaps with its own customer base. The company also requested that Swift make a formal deposition stating whether or not she knew about the existing Lucky 13 trademark. Swift’s attorneys on Monday filed a motion asking for a protection order from further requests.
Lucky 13’s attorney Gary Rinkerman told WWD, “Our position is that [Swift] is a properly named party, is portrayed as being fully in control of her businesses, is keenly aware of her own trademark claims, and has received the deposition notice properly within the discovery period for the case – after her organization was ordered by the Court to provide discovery responses they withheld.”
The original suit petitioned for Swift’s profits from the “Lucky 13” emblazoned t-shirt and greeting cards, as well as damages that Rinkerman says “keep rising as the costs mount and the effects of the infringement continue.” He called Kloetzly “a dedicated artist and businessman who built his brand from scratch. The fact that Ms. Swift and her organizations feel like the brand suits them does not give them a right to appropriate it and then ignore the consequences.”
Request for comment from Swift’s camp were not immediately returned, although Swift reportedly is seeking a protective order against Kloetzly. The two parties are scheduled to go to trial in the California District Court in November.