Lady Gaga Beats Bid to Ban ‘Mayhem’ Merch in Trademark Suit (1)

Lady Gaga defeated a surf company’s bid to prohibit her from selling clothing bearing the word “Mayhem” while its lawsuit accusing her of trademark infringement moves forward.

Lady Gaga’s use of the term is protected by the First Amendment because it’s artistically relevant to her album and doesn’t explicitly mislead consumers, Judge Fernando M. Olguin said in a Monday order denying Lost International LLC’s motion for a preliminary injunction.

Olguin rejected Lost’s argument that the merchandise isn’t protected by free speech because its “dominant purpose” is to make money. Ninth Circuit case law holds that the exception applies to the ...