Lady Gaga is victorious in the lawsuit brought forth by a surf company over her Mayhem merch branding

Photo Credit: Interscope Records

A judge has ruled that Lady Gaga can continue to sell ‘Mayhem’ merch despite a surf company’s ongoing lawsuit to stop her. Lost Surfboards sued the singer back in March.

Shortly after the release of Lady Gaga’s latest album, Mayhem, a company called Lost Surfboards sued the pop superstar over her merch that used a logo they claimed infringed on their own design. Now, a judge has ruled that Gaga’s use of the word doesn’t “explicitly mislead consumers,” meaning Lost Surfboards cannot proceed with its claim of trademark infringement.

“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, […] [plaintiff] cannot success on its claims for trademark infringement and false designation of origin,” wrote Judge Fernando M. Olguin.

Orin Snyder of Gibson Dunn, Lady Gaga’s lead attorney, told Billboard that the decision is a “total victory.”

“It reaffirms that trademark law cannot be used to censor expressive works or chill artistic expression,” said Snyder. “We are pleased with the court’s clear and decisive ruling.”

Back in March, Lost Surfboards alleged that Lady Gaga’s Mayhem logo was “a nearly identical design” to its own, which has been part of its branding since 1988. The company even registered a “Mayhem” trademark in 2015.

“Lady Gaga’s actions are likely to mislead the public into concluding that her goods originate with or are authorized by Lost, which will damage both Lost and the public,” reads the original complaint.

But Judge Fernando M. Olguin said that Lady Gaga’s use of the word and the design is “artistically relevant” and does not “explicitly mislead” consumers into believing that her merch is the surf company’s, or vice versa.

However, the lawsuit has not been dismissed altogether; Gaga’s attorneys will probably file a motion to dismiss. Lost’s attorney has indicated that they might consider settling.

“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,” said Lost Surfboards’ attorney Keith Bremer. “Our commitment to protecting the ‘Mayhem’ trademark we’ve built over nearly four decades remains unchanged.”

Lady Gaga’s seventh studio album, Mayhem, debuted at #1 on the Billboard 200 in March and has spent 39 weeks on the chart. Her Mayhem Ball world tour kicked off in July, grossing over $100 million just in its North American leg. The tour is set to run through April, and is currently in Australia.