Lady Gaga Notches Win in Trademark Lawsuit Over 'Mayhem' Logo, Attorney Calls It a 'Total Victory'
Lady Gaga is seeing a victory in court over her Mayhem logo.
The 39-year-old entertainer was sued for trademark infringement earlier this year by a surfboard company, alleging the logo for her latest era’s logo being too similar to theirs.
The company says the artwork for her latest album infringed upon their logo and they tried to stop her from using it on merch for her Mayhem Ball Tour.
However, on Monday (December 15), a judge denied the initial request from the surf company.
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According to Billboard, the judge said there was little merit to the trademark infringement claims, but while this isn’t a final ruling yet, the judge’s decision “strongly indicates that he will not allow the case to make it to trial.”
“Because defendant’s use of the mark is artistically relevant and does not explicitly mislead consumers as to the source or content of the challenged work, the Lanham Act does not apply, and [plaintiff] cannot succeed on its claims for trademark infringement and false designation of origin,” Judge Fernando M. Olguin wrote.
Gaga‘s attorney, Orin Snyder, called it a “total victory.”
“It reaffirms that trademark law cannot be used to censor expressive works or chill artistic expression,” he said. “We are pleased with the court’s clear and decisive ruling.”
The attorney for Lost Surfboards, the company who filed the suit, however, says they will continue to fight.
“While we would have preferred a different outcome at this preliminary stage, we respect the court’s reasoning and look forward to continuing this process,” Keith Bremer shared with Billboard. “Our commitment to protecting the MAYHEM® trademark we’ve built over nearly four decades remains unchanged.”
Since this isn’t a final ruling, what is next for the lawsuit?
Gaga‘s attorneys now have to file a claim to dismiss the claims, and Bremer says Lost Surfboards could have an interest in the suit being settled.
“We remain open to a constructive dialogue that protects consumers from confusion while allowing artists to express themselves,” the lawyer said.
This past week, Lady Gaga stopped her Mayhem Ball Tour show in Australia after a dancer fell off stage.