The Legal Blog

Written by Naiya Chung (“Legally Naiya”), Sagacity Legal Intern

Let’s talk about trademarks, their power, and a legal battle currently unfolding between the global superstar, Lady Gaga, and a California surf brand, Lost International, LLC. In March 2025, Lost International, LLC, the company that owns Lost Surfboards, filed a lawsuit against Lady Gaga. Lady Gaga had used the name, “Mayhem,” on her album cover, tour, and merchandise sales. The company claims that Lady Gaga’s use of “Mayhem” looks identical to the logo of Lost Surfboards and they are not taking the alleged infringement lightly. They are seeking $100,000,000.00 in potential damages. They claim that Lady Gaga’s use of the word “Mayhem” and the stylized version of it, copies their registered trademark and long-established business branding identification.

Lost has asserted many causes of actions. These include Federal Trademark Infringement, Common law Trademark Infringement, False Designation of Origin, False Advertising, Trademark dilution, unfair business practices, and common law unfair competition.

Within the complaint they provide side-by-side comparisons of Lost’s merchandise and Lady Gaga’s merchandise. They claim her logo is “substantially similar if not nearly identical” to theirs. Lost sent a cease-and-desist letter and had no response from Lady Gaga or her team. They see this lack of a response as “willful” and “blatant” infringement.

The Legal Issue at Hand

The main issue of this lawsuit is federal trademark infringement.

Lost Surfboards Claim of Trademark Infringement

Lost Surfboards claims that Lady Gaga’s use of “Mayhem” for her fan merchandise creates a likelihood of confusion for consumers and this could make the average consumer reasonably think that Lady Gaga’s products are associated with Lost because both parties are selling clothing and are using similar stylized versions of the word “Mayhem.” That overlap in using the same brand name and selling the same goods can constitute trademark infringement since Lady Gaga is selling within Lost’s registered trademark of beanies, caps, jackets, pants, sandals, shorts, t-shirts, and tank tops.

Additional Claims by Lost Surfboards

However, Lost never registered the stylized version of the word that they claim Lady Gaga is infringing.

Additionally, Lost alleges that “Mayhem” is well-known in the surf community and has created brand acceptance and recognition as consumers know that Lost has quality products and goodwill (intangible value of trust and a good reputation). So, when Lady Gaga uses the same name, even for different goods, Lost argues that this weakens the strength of their wordmark (general type of trademark) and they claim brand dilution, which is not allowed when a brand is recognized as “famous” or “well-known.”

What’s Happening with the Trademark Infringement Lawsuit

This lawsuit is still in the complaint stage so a response by Lady Gaga is still needed. Therefore, defenses Lady Gaga could raise is that her selling “Mayhem” clothing, accessories, and tour-related items is completely unrelated to Lost’s “Mayhem” brand for surfboards, surf-related goods, and clothing items, which creates no consumer confusion. Lady Gaga may additionally claim that Lost is not famous enough for brand dilution protection because that is a high legal standard, typically reserved for classical household names like Nike or Apple, which Lost may not have reached.

Furthermore, Lost registered their trademark only for the “standard characters without claim to any particular font, style, size, or color.” This means that the stylization of the word “Mayhem” is not protected and only the wordmark. This may weaken Lost’s claim about Lady Gaga copying the stylization of the word.

The Trademark Conclusion

Both sides have valid arguments. This case comes down to whether the average consumer might believe the two brands are connected, and whether “Mayhem” is so distinctive and recognizable in the surf community that even unrelated uses could weaken its brand power amounting to brand dilution.

What This Means for You: Lessons to Learn

This is why it is crucial for a business, big or small, to choose a unique and creative trademark name that is not generic. Distinct names help a brand stand out and make it easier to prove trademark infringement. For small businesses, a strong name can be the best defense against bigger companies and in this case, celebrities.

Therefore, this issue serves as a reminder to invest in your brand early and differentiate it uniquely. Register your trademark, build your brand identity, and create a public presence to secure your brand’s power against any infringer, big or small, rich or famous. If Lost Surfboards had broader name recognition outside their niche, their brand dilution claim would have been even stronger. In addition, they continuously repeat that Lady Gaga has copied their stylized name of the word, “Mayhem,” but that is not what they registered to the United States Patent and Trademark Office. Therefore, make sure you register what you intend to protect.

The takeaway is simple. Do not just build your brand, protect it with legal insight and understanding, and take time when choosing a name. That way, your brand can be easier to defend and be more secure from any infringer.

The question of the day! Who do you stand with: Lost Surfboards as a business defending its brand identity, or Lady Gaga as a creative using a common word? Do you think Lost Surfboards would have had a stronger claim if they had chosen a more unique name from the start? Or even registered the stylized version of the word?

Want to chat more, fill out our contact form or schedule a meeting at meetwithrandi.com.

#BrandProtection hashtag#Entreprenurship hashtag#Trademarks hashtag#LadyGaga