Federal judge denies American Greetings' and Taylor Swift's motion to dismiss 'Lucky 13' trademark lawsuit

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American Greetings Corp. and Taylor Swift are being sued in federal court in California for trademark infringement and unlawful use of the brand "Lucky 13" in greeting card promotions and a Lucky 13 Sweepstakes contest. The lawsuit was filed by Blue Sphere, the California owner of the federally trademarked "Lucky 13" brand. The Brooklyn-based American Greetings has declined to comment on pending litigation.

(Taylorswiftcards.com website)

CLEVELAND, Ohio -- A federal district court judge in California has denied a motion by American Greetings Corp. and singer-songwriter Taylor Swift to dismiss a trademark infringement lawsuit filed by Blue Sphere Inc. over their use of the brand "Lucky 13."

In a four-page ruling issued late Wednesday, U.S. Federal District Court Judge Cormac J. Carney said the court considered the arguments presented and saw no need for a Sept. 22 hearing to consider dismissing the case.

An American Greetings spokeswoman said via email Thursday that the company does not comment on pending litigation. The greeting card company is based in Westlake.

Blue Sphere Inc., which operates as a California company called "Lucky 13," and Chief Executive Robert Kloetzly have filed suit against Swift, Taylor Nation LLC, Taylor Swift Productions Inc., Swift Merchandising Inc., TAS Rights Management LLC, and American Greetings, accusing them of trademark infringement and unfair competition for using the name "Lucky 13."

Blue Sphere, which holds several federally registered trademarks for Lucky 13 branded clothing, jewelry and paper products, said Swift's and American Greetings' use of "Lucky 13" for their "Lucky 13 Sweepstakes" contest and Swift's "Lucky 13" clothing violated Blue Sphere's trademarks and were likely to confuse consumers.

The original 39-page lawsuit, filed in Southern Division of U.S. District Court for the Central District of California, 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.

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 navel 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] taylorswiftcards.com website, without authorization," court documents say.

"Plaintiffs allege facts that, taken as true, show a likelihood of confusion," the judge ruled in court documents. "Accepting these allegations as true, Plaintiffs have sufficiently pled facts to support their trademark infringement, unfair competition, and common law misappropriation claims."

Judge Carney said that despite the defendants' position that Blue Sphere has "failed to show a likelihood of confusion," he said there was enough "plausibly alleged facts" to fend off the motion to dismiss the case.

The court said it would set the matter for trial on Nov. 25.

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