Sometimes in life, it’s nice to get a win. That goes even for up-and-coming pop singer Taylor Swift, who had a lawsuit against her thrown out by a California judge. Swift was being sued by singer Jesse Braham, who was claiming that Swift’s “Shake It Off” was a rip off of his tune, “Haters Gonna Hate.” In the suit, Braham says that 92 percent of “Shake It Off” came from his song. There is no accounting for the remaining eight percent, but I’d watch your back, Max Martin. Braham was suing Swift and her record label, Sony, for $42 million, as well as a song-writing credit. You know, it’s all about those future earnings.
Better luck next time, Mr. Braham. United States District Court Judge Gail Standish dismissed the lawsuit, but not without a little showmanship, using lyrics from Swift’s “We Are Never Ever Getting Back Together,” “Bad Blood,” and “Blank Space” to make her point.
“At present, the Court is not saying that Braham can never, ever, ever get his case back in court. But, for now, we have got problems, and the Court is not sure Braham can solve them.”
“As currently drafted, the Complaint has a blank space — one that requires Braham to do more than write his name. And, upon consideration of the Court’s explanation … Braham may discover that mere pleading BandAids will not fix the bullet holes in his case. At least for the moment, Defendants have shaken off this lawsuit.”
I find Judge Standish guilty of being hip and with it!
On the real, though, Judge Standish ruled that Braham, who was representing himself, failed to produce enough solid evidence and his allegations never made it past the speculative phase. Braham is able to file a new complaint if his “lawsuit deficiencies” are corrected.
I’m going to go out on a limb and say that we are good here.