Award-winning songwriter, singer and actress Taylor Swift has always found the number 13 to be lucky, but perhaps she will not find it so lucky anymore following the latest demands from clothing line Lucky 13 for their deposition with regard to the lawsuit slapped to the 25-year old artist last year. In fact, The Daily Mail reports that Swift has already accused the clothing brand of “harassing” her after Lucky 13 lawyers reportedly demanded to see photos of Swift that showed her cleavage and buttocks.
Lucky 13’s lawyers are reportedly planning to argue that such photos of Swift reflect how the said artist is targeting a similar audience to the clothing line using her sex appeal. This, in turn, led Swift’s lawyers to ask for a protection order from U.S. Federal District Court Judge Cormac J. Carney.
According to the court papers obtained by Daily Mail, Swift’s lawyers believe that “[The] Plaintiff has escalated its harassing tactics.” Moreover, it stated, “For instance, Plaintiff served a final set of written discovery on Defendants that requested irrelevant material such as … all photographs and videos of you in which your breasts are at least partially visible as well as documents reflecting, evidencing or revealing who took each such photograph and video and where and when.”
Moreover, Lucky 13’s lawyers have also reportedly presented similar requests for documents and information to a lot of big companies that Swift has been working with including Elizabeth Arden, Toyota and Coca Cola. With these requests, Swift’s lawyers claim, “Rather than use discovery as a tool to prove its case, Plaintiff is intent on using discovery in hopes of harassing Defendants into a settlement.”
Lucky 13 is a California-based clothing line founded and owned by Robert Kloetzly. And in the company’s blog entry addressing the Taylor Swift lawsuit, the company (and presumably, Kloetzly) wrote, “I have nothing against Taylor personally. My heart and soul are in Lucky 13. I started Lucky 13 in 1991. I’ve spent 23 years building Lucky 13. I take pride in the Lucky 13 brand. The government issued Federal trademarks to me on the name Lucky 13 for apparel and other goods, just like they issued trademarks to Taylor Swift and to companies such as Elizabeth Arden and Covergirl. Lucky 13 grew through hard work, determination and my commitment to my customers, licensees and employees. I want to look out for the people who have stood by me for all these years.”
Moreover, the blog added, “Lucky 13 is valuable and should be paid for. I have worked very hard to build this company (which is my ‘art’) from the ground up, and I believe it is unfair for Taylor to use my Lucky 13 trademark to earn a profit. I had contacted her representatives before I filed this lawsuit in hopes of working things out, but we were unable to do so. I’m sure if Taylor and I spoke, we could talk about this issue— from one rebellious spirit to another — and resolve it.”
In addition to Taylor Swift, Lucky 13 has also sued American Greetings for copyright infringement after the company hosted the “Lucy 13 Sweepstakes” with Taylor Swift. Lucky 13 explained, “American Greetings is a multi-billion dollar corporation with many trademarks, like ‘Holly Hobbie,’ ‘Care Bears’ and ‘Strawberry Shortcake.’ It must know that it can’t use my ‘Lucky 13’ trademark without permission.”
The parties are expected to go to trial in November. As early as now, Swift’s lawyers have already stated that Swift will not be attending.