The industry was recently abuzz over an upcoming Taylor Swift-themed cruise event, which was planned by a group of travel advisors inspired by the singer-songwriter’s 2023 tour and concert film.
The waitlisted fan-led cruise brings up some important legal questions and considerations for travel advisors thinking about planning or selling fan- or celebrity-themed events.
Although such special events may have agents walking a tightrope, it is possible to pull off this type of adventure — but danger could be lurking right around the corner.
Potential Pitfalls
Let’s take Taylor Swift as an example of what I mean. The pop artist owns more than 200 trademarks, including her name, her initials, some of the names of her tours, certain song and album titles, the name of her fan club and selected song lyrics.
For an advisor planning a fan-based journey, this means they need to be cognizant of not using trademarked words, names or phrases, or else risk incurring the wrath of trademark counsel. If planning such an event, agents must — at a minimum — include cautionary statements such as “This is a fan sailing by XXX. We are not endorsed or affiliated with XXX.”
For an advisor planning a fan-based journey, this means they need to be cognizant of not using trademarked words, names or phrases, or else risk incurring the wrath of trademark counsel.
Without these cautionary statements, you’re likely to receive a letter that starts out like this:
“I write on behalf of XXX Entertainment Inc. XXX is the owner and/or controller of all copyright, trademark and other intellectual property rights in and to its television series, motion pictures and other works, specifically including the characters and elements, among other things, represented or contained therein. We write regarding your unauthorized use of XXX’s intellectual property and your infringement of its well-known brand.”
Most important, however, is how the letter will end:
“We hereby demand that you immediately cease and desist all manufacturing, distribution, sale, offering for sale and marketing activity of themed events and products with respect to XXX’s intellectual property and specifically:
1. That you immediately confirm that all unauthorized events, including but not limited to those identified herein, have been canceled and will not be rescheduled;
2. That within five days of our delivery of this letter, you provide your written commitment that you have ceased and removed all unauthorized uses of XXX’s intellectual property at each and every location owned or controlled by you, including on any digital platforms, websites and social media pages, and that you will not engage in any unauthorized uses or infringement of XXX’s intellectual property in the future;
3. To formulate an appropriate amount of damages to compensate XXX for its injury, within five days of our delivery of this letter to you, disclose your total sales and profits related to the use of XXX’s intellectual property; and
4. That within 10 days of our delivery of this letter, you surrender, or certify in writing that you have destroyed, all unauthorized products and/or advertising and promotional material using XXX’s intellectual property in your possession, custody or control.”
In a recently failed theme-based event that crossed the line, an advisor was forced to cancel their event and, due to supplier terms, was not likely able to refund the travelers. If you think your Errors and Omissions (E&O) policy might protect you, I should warn you that it may not.
Suggestions for Protecting Yourself
It’s clear that planning and selling fan-led cruises and events has obvious pitfalls, and isn’t the safest bet. But that doesn’t mean creating an exciting celebrity-themed event isn’t doable.
If you are inclined to give it a shot, here are my recommendations.
1. Consult an attorney who can advise you about intellectual property rights and what you can do and what you should not do.
2. If working with a supplier, be sure to obtain its approval for the event. Do not just book a group block and hope for the best; you do not want the supplier to get entangled in a legal dispute with the owner of the intellectual property — the supplier will certainly come after you if this happens.
3. Be 100% clear in promotions that the celebrity has nothing to do with your program and, importantly, will not be participating in any way. (You do not need to have a negligent misrepresentation claim lodged against you!)
While it pays to be creative, creativity can be costly without appropriate caution.
4. Contact your E&O carrier to determine if you have coverage for this type of potential claim.
5. Consider obtaining event insurance as another potential safeguard.
6. Review your terms and conditions before offering the event (this is of utmost importance).
While it pays to be creative, creativity can be costly without appropriate caution. (Maybe consider offering a Jeff Ment fan-based cruise; I’m not trademarked yet.)
Meet Jeffrey Ment
Jeffrey Ment, of The Ment Law Group, currently works as a travel law attorney and previously worked as a travel advisor, airline sales manager and tour guide. For more than 29 years, he has represented individuals and companies in the travel industry.
Have a question for Jeffrey? Send an email to letters@travelagewest.com.
