THE IP BRIEFINGNEW YORK
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Issue No. 054 · Story 02 · September 16, 2026

Trademark

Lady Gaga Seeks Fees After Mayhem Trademark Win

Lady Gaga asked a California federal judge to require Lost Surfboards to reimburse $232,484 in legal fees after its Mayhem trademark case was dismissed with prejudice.

  • §The fee motion was filed after the court rejected Lost's claims over Gaga's album, tour, merchandise, and stylized Mayhem logo.
  • §Gaga argues that the case qualifies as exceptional under federal trademark law because Lost's legal position was weak and the litigation was pursued unreasonably.
  • §Her filing points to Lost's continued litigation after an injunction request failed and its effort to take a full-day deposition during an international tour.
  • §Lost previously maintained that the dismissal was incorrect and indicated that it intended to appeal.

THE TAKEAWAY

The motion shifts the dispute from likelihood of confusion to the cost of pursuing an unsuccessful brand claim. A fee award would require the court to decide whether the case was exceptional, not simply whether Lost ultimately lost.

Source: Law Commentary

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