At the heart of the case is whether Gaga’s MAYHEM-branded merchandise is likely to cause consumer confusion with Lost’s registered trademarks. This is a classic Section 2(d) likelihood of confusion issue under the Lanham Act. Whether you're launching your first fashion line or expanding a growing ecommerce brand, this case shows why trademark searches, registration strategies, and proactive enforcement matter more than ever.

In March 2025, a high-profile trademark dispute erupted in the U.S. District Court for the Central District of California, pitting famed surf and lifestyle brand Lost International, LLC (“Lost”) against international music icon Stefani Joanne Angelina Germanotta, professionally known as Lady Gaga. At the center of the controversy is the word “Mayhem” — a trademark Lost [...]

The famous mark doctrine, deeply rooted in U.S. federal law, is an instrumental legal principle that offers elevated protection to trademarks that have attained an exceptional level of renown. These trademarks, often described as “super strong,” stand apart due to their broad recognition among the American consuming public. Their fame is not just a title—it’s a [...]

The “well-known marks doctrine” of the Paris Convention is a legal rule under which a trademark or service mark is protected within a nation if it is well known in that nation even though the trademark is not actually registered or used in that nation. The well-known marks doctrine is required to be available in all [...]

The penalties for trademark infringement can vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the case is being heard. Let’s first start with understanding what trademark infringement is: The Lanham Act defines trademark infringement as the unauthorized use of a trademark that is likely to cause confusion [...]

Trademark infringement is a violation of the exclusive right granted to a trademark owner to use their trademark in commerce. To establish trademark infringement, the following elements must be shown: (1) that the plaintiff owns a valid trademark; (2) that the defendant is using a trademark that is identical or substantially similar to the plaintiff’s trademark; [...]

Trademark cybersquatting is the act of registering, trafficking in, or using a domain name that is identical or similar to a distinctive trademark or service mark of another party, with the intent to profit from the goodwill of the trademark owner, or with the intent to mislead consumers as to the source of the goods or [...]

The range of remedies for trademark infringement, trademark dilution, and false advertising under the Lanham Act include These are the main remedies available under the Lanham Act for trademark infringement, trademark dilution, and false advertising. The specific remedy or remedies that are available in a given case will depend on the specific circumstances of the case [...]

False advertising is a form of unfair competition under the Lanham Act. It occurs when a company makes false or misleading claims about its products or services in advertising or other commercial speech. False advertising can take many forms, including making false claims about the characteristics, benefits, or quality of a product or service, making misleading [...]

Trademark dilution is a form of trademark infringement under the Lanham Act. It occurs when a trademark is used in a way that lessens its unique qualities, even if the use does not cause consumer confusion as to the source of the goods or services. For example, if a company uses a famous trademark in an [...]