Lady Gaga can continue selling “Mayhem” branded merchandise.
The blow to Lost Surfboards came Monday, as a judge motioned in favor of the pop star – whose recent tour and album were dubbed “Mayhem” – despite the surf brand’s trademark infringement charge, and gear sales adorned with the logo since the 1980s.
It’s technically not a final ruling in the $100 million case, although Lady Gaga’s lawyer, Orin Snyder, touted the latest update as a “total victory,” per Billboard.
TMZ
The judge in the case, Fernando M. Olguin, rejected the initial request from Lost Surfboards for Gaga to cease and desist her sale of merch. In a statement, Judge Olguin wrote:
“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.”
Meanwhile, the Lost Surfboards team remains committed to keeping up the fight. Keith Bremer, the lawyer representing Lost, said:
“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. We remain open to a constructive dialogue that protects consumers from confusion while allowing artists to express themselves.”
Related: Lady Gaga Sued by …Lost Surfboards for $100M Over “Mayhem” Logo
The lawsuit began back in March of this year, when Gaga released the Mayhem album, and began selling merch with undeniably similar artwork to the Lost logo.
At the time, the man behind the Lost and Mayhem brands, Matt Biolos, said:
“It’s disappointing — but hardly surprising — that someone is now attempting to capitalize on her success with a baseless lawsuit over the name ‘Mayhem.’ This is nothing more than an opportunistic and meritless abuse of the legal system.”
Related: Lady Gaga vs. Lost Surfboards: Inside the $100M Lawsuit
