I have seen some wacky discovery requests during litigation but this one is a real head-scratcher. In the middle of her trademark infringement lawsuit with the clothing manufacturer behind the brand, Lucky 13, the musician is facing some R-rated document requests.
Since the early 1990’s, Lucky 13 has distributed clothing with an edge. In fact, Lucky 13 claims that Taylor Swift’s videos that profess a love for “fast cars and dangerous men who drive them inappropriately” is Lucky 13’s “exact consumer demographic”. In connection with its merchandise, the company has registered the LUCKY 13 trademark in several classes that include clothing, accessories, and body-piercing rings. In March 2012, 20 years after Lucky 13 started using the trademark, Taylor Swift began distributing clothing bearing the same mark. Swift even partnered with a greeting card company to put the mark on cards.  The plaintiff claims that Swift herself owns 60 federal trademark applications and hasn’t attempted to register the LUCKY 13 mark because she knows it would get denied. In the images, Swift’s t-shirt is on the right.
This case was filed in May 2014 and currently the parties are involved in discovery. Discovery is the process by which the sides exchange evidence that help establish and defend claims. The New York Daily News is reporting that recently Lucky 13 issued document production requests for videos and photos in which Swift’s “breasts are at least partially visible”; and it did stop with the top half. The request go on to further request the production of documents in which Swift’s “buttocks are at least partially visible”. The request further ask for the production of documents of Swift “wearing lingerie or attire procured from an adult or sex shop”.
During discovery questions and requests can be posed about information that is admissible or may lead to the discovery of admissible evidence. This is a very broad test but the request cannot be harassing. I can’t imagine how almost naked pictures of Taylor Swift would be admissible in this trademark dispute. I doubt there will be any production of these scantily clad images anytime soon.