"Lost International argued that while the album itself might be expressive, putting the word 'Mayhem' on t-shirts and hoodies shifted the use from artistic expression to source identification. The court rejected this 'disaggregation,' citing precedent from Twentieth Century Fox v. Empire Distribution, which extends First Amendment protection to auxiliary, revenue-generating promotional activities—including merchandise."
Lost International, a surf brand established in 1985, holds a federal trademark for 'Mayhem' used on surfboards, equipment, and apparel. When Lady Gaga released an album titled 'Mayhem' in March 2025 and launched a global tour with the same name, Lost International sought an injunction against tour merchandise sales, arguing the branded clothing caused consumer confusion and trademark infringement. The federal court rejected this motion, applying the Rogers test instead of traditional Sleekcraft confusion factors. The court determined that First Amendment protections extend to merchandise as auxiliary promotional activities, rejecting Lost International's argument that placing 'Mayhem' on t-shirts and hoodies constituted source identification rather than artistic expression.
#trademark-law #first-amendment-protection #rogers-test #merchandise-and-intellectual-property #celebrity-branding-disputes
Read at The IP Law Blog
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