A court has ruled that Lady Gaga can continue to sell her ‘Mayhem’ merch, despite being sued by surf company Lost Surfboards.
The issue:
Lost Surfboards claimed that the ‘Mayhem’ logo used on Gaga’s merch infringed on their design, which has been part of the company’s branding since 1988.
Mayhem is the title of Gaga’s sixth solo studio album, which was released in March.
The ruling:
As per Digital Music News, Judge Fernando M. Olguin has ruled that the artist’s use of the word and the design doesn’t “explicitly mislead consumers” into thinking her merch is the surf company’s, or vice versa.
As a result, Lost Surfboards is unable to proceed with its trademark infringement claim.
It’s expected that Gaga’s lawyers will file a motion to dismiss; Lost’s attorneys may consider settling.
What they said:
Orin Snyder, Lady Gaga’s lead attorney (talking to Billboard): “[This] reaffirms that trademark law cannot be used to censor expressive works or chill artistic expression. We are pleased with the court’s clear and decisive ruling.”
Keith Bremer, Lost Surfboards’ attorney: “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. Our commitment to protecting the ‘Mayhem’ trademark we’ve built over nearly four decades remains unchanged.”
