Taylor Swift Wins ‘Shake It Off’ Lawsuit for Fourth Time
Taylor Swift seems to have shaken off her "Shake It Off" lawsuit for good.
You may recall that R&B artist Jesse Graham originally filed a copyright lawsuit in 2015 alleging that Swift's "haters gonna hate" was an infringement upon his song of the same title. However, following the fourth lawsuit concerning the lyric, it seems as though this case has been concluded once and for all.
As it turns out, Graham never filed a copyright for the song title in question—an inaction that didn't exactly help his case.
“The lack of registration [for a copyright] cannot be cured…this deficiency is fatal and [the] amendment [to file] would be futile," California Judge André Birotte Jr. told the court, according to Digital Music News.
The judge dismissed the $42 million lawsuit after Graham recently resubmitted the case via his New Day Worldwide company. Both Big Machine Records and Universal Music Group claimed that Graham's company never served them in the lawsuit. The judge also revealed that Graham "fraudulently" added a law firm and lawyers' names to a cover page.
Finally, the court decided that the suit is now “barred by res judicata,” which stops parties from potentially re-litigating already-decided legal matters.
Judge Birotte Jr. also noted that the plaintiff's behavior was not called for and offered to “raise the issue of whether Graham is a vexatious litigant,” which means a person who submits lawsuits in order to aggravate defendants instead of attempting to win the case. However, "out of an abundance of caution,” the court did not officially label Graham as a "vexatious litigant."