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Lady Gaga wins trademark lawsuit over ‘Mayhem’ album title
A California federal judge has dismissed a trademark lawsuit filed by Lost Surfboards against Lady Gaga regarding her album title, ‘Mayhem’. U.S. District Judge Fernando M. Olguin ruled that the case lacked merit, dismissing the claims with prejudice.
Lost Surfboards had argued that the singer’s use of the name for her album, tour, and merchandise could confuse consumers into believing there was a connection to the surf company’s long-standing brand. However, the court applied the ‘Rogers test’, a legal standard that provides significant protection for artistic works under the First Amendment.
Judge Olguin determined that the allegations were insufficient to prove that the use of the name was an explicit misstatement or an intentional attempt to mislead the public. The ruling protects the use of the common dictionary word as part of an expressive artistic project.