'Lucky 13' Case Moves Forward

A federal court judge has denied Taylor Swift‘s and American Greetings’ motion to dismiss a case brought against them by a clothing retailer who claims they are using his trademarked “Lucky 13” brand without permission.

Photo: Matt Sayles / Invision / AP

MTV Video Music Awards, Forum, Inglewood, Calif.

Judge Cormac J. Carney found that “plaintiffs allege facts that, taken as true, show a likelihood of confusion” between Lucky 13’s trademarks and Swift’s Lucky 13 apparel as well as Swift’s and American Greetings’ “Lucky 13” sweepstakes contest.

Carney also found that Lucky 13 owner Bobby Kloetzly has “sufficiently pled facts” that supports a copyright infringement.

Carney ruled that the plaintiffs have “plausibly alleged facts to survive a motion to dismiss” but “it is possible that plaintiffs may not be able to present sufficient evidence to survive a summary judgment motion.”

Lucky 13 is a clothier based in Costa Mesa, Calif. Swift sold a T-shirt that had Lucky 13 on it and used the words on her website. Her attorneys claimed there could be no confusion with Kloetzly’s trademarked brand because he is centered in Orange County and Swift is everywhere else.