Judge Rejects Bid to Block Lady Gaga’s ‘Mayhem’ Merchandise Sales in Trademark Dispute
A federal judge in Los Angeles has ruled that a surf and lifestyle company cannot use trademark law to stop Lady Gaga from selling merchandise tied to her Mayhem era, delivering a significant early setback to the company’s $100 million infringement lawsuit against the pop star.
In an order issued this week, U.S. District Judge Fernando M. Olguin denied Lost International’s request for injunctive relief that would have barred Gaga from continuing to sell Mayhem merchandise during her ongoing Mayhem Ball Tour, which launched in July 2025. The judge concluded that the Lanham Act, the primary federal statute governing trademark infringement, does not apply to Gaga’s use of the disputed imagery.
Lost International, a California-based brand known for surf apparel and streetwear, filed its lawsuit in March, alleging that several Mayhem merchandise designs improperly copied one of its long-standing logos. The company argued that Gaga’s use of the mark created consumer confusion and diluted the value of its trademark, which it says it has built over nearly four decades.
Judge Olguin disagreed, finding that Gaga’s use of the mark qualifies as artistically relevant expression and does not explicitly mislead consumers about the source of the merchandise. In his ruling, Olguin wrote that because the imagery is tied to a creative work and does not suggest endorsement or origin from Lost International, the trademark claims cannot succeed at this stage.
“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,” Olguin wrote, “the Lanham Act does not apply.”
The decision allows Gaga to continue selling Mayhem merchandise while the lawsuit proceeds. The ruling does not dismiss the case outright, but it removes Lost International’s most immediate leverage: the ability to halt sales during one of the most commercially active phases of Gaga’s touring cycle.
According to Billboard, lawyers for Lost International acknowledged the court’s decision while signaling their intent to continue pursuing the case. “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,” the attorneys said. They added that the company remains committed to protecting its MAYHEM® trademark and is open to discussions that balance artistic expression with consumer clarity.
The dispute centers on the increasingly common tension between trademark law and artistic expression, particularly in music merchandising, where visual branding often overlaps with existing commercial imagery. Courts have historically been reluctant to apply trademark restrictions to creative works unless there is clear evidence that consumers are being misled into believing a product is affiliated with or endorsed by a trademark holder.
In this case, Judge Olguin applied legal standards that protect expressive works under the First Amendment, emphasizing that trademark law cannot be used to suppress creative expression absent explicit consumer confusion. His ruling aligns with previous decisions that limit the reach of trademark claims against musicians, filmmakers, and artists whose work incorporates potentially similar imagery for expressive rather than commercial deception purposes.
Lost International has argued that it attempted to resolve the dispute privately before filing suit, claiming it notified Gaga’s team of the alleged infringement and received no response. The company alleges that Gaga “failed and refused” to stop using the imagery, prompting the lawsuit.
As the lawsuit continues, the court may still evaluate Lost International’s remaining claims. However, the denial of injunctive relief represents a decisive early victory for Gaga, ensuring that her Mayhem era, at least commercially, proceeds uninterrupted.
