"We previously covered the trademark lawsuit filed by Lost International against Lady Gaga over her use of "Mayhem" in connection with her album, tour, and related merchandise. Now the court has ruled, denying Lost's motion for a preliminary injunction. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down the court's order and what it signals about the Rogers test after the Supreme Court's Jack Daniel's decision."
"In this episode, they cover: Why the court applied the Rogers test instead of the traditional Sleekcraft likelihood of confusion analysis How the court treated tour merchandise tied to an expressive work under Ninth Circuit precedent What "artistic relevance" means and why that prong was easily met here Why "use of the mark alone" was not enough to show the use was explicitly misleading How this ruling fits into the broader post Jack Daniel's landscape, including recent Ninth Circuit developments "
The court denied Lost International's motion for a preliminary injunction in the trademark dispute over Lady Gaga's use of "Mayhem," finding insufficient grounds to enjoin the use. The court applied the Rogers test rather than the Sleekcraft likelihood-of-confusion analysis because the contested uses were tied to an expressive work. The court treated tour merchandise as connected to an expressive work under Ninth Circuit precedent. The "artistic relevance" prong was easily met because the mark had relevance to the expressive content. The court concluded that mere "use of the mark alone" did not make the use explicitly misleading. The ruling aligns with post-Jack Daniel's guidance and recent Ninth Circuit developments affecting Rogers-test application.
Read at The IP Law Blog
Unable to calculate read time
Collection
[
|
...
]