Lady Gaga Scores Key Victory in ‘Mayhem’ Surf Brand’s Trademark Lawsuit Against Her

Lady Gaga will not have to stop selling Mayhem album and tour merchandise after a surf company lost its legal bid for a trademark infringement injunction against the pop superstar.

It’s a key win for Gaga (Stefani Germanotta) in the lawsuit filed back in March by Lost Surfboards, which has been selling surf equipment and apparel emblazoned with the word “Mayhem” since the 1980s. The company alleged the artwork for Gaga’s chart-topping album, Mayhem, infringed its logo, and it sought to bar her from putting it on merch for her ongoing Mayhem Ball tour.  

Judge Fernando M. Olguin rejected that initial request on Monday (Dec. 15), saying there’s little merit to the trademark infringement claims. While technically not a final ruling, the judge’s decision strongly indicates that he will not allow the case to make it to trial.

“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, the Lanham Act does not apply, and [plaintiff] cannot succeed on its claims for trademark infringement and false designation of origin,” wrote Judge Olguin.

Despite the ruling, Lost Surfboards’ attorney Keith Bremer said they will keep fighting.

“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,” Bremer told Billboard in a Monday statement. “Our commitment to protecting the MAYHEM® trademark we’ve built over nearly four decades remains unchanged.”

The next step in the case will be for Gaga’s attorneys to file a motion to dismiss the claims. Bremer also suggested in his statement that Lost Surfboards could be interested in settling: “We remain open to a constructive dialogue that protects consumers from confusion while allowing artists to express themselves,” said the lawyer.

Mayhem, Lady Gaga’s seventh studio album, debuted at No. 1 on the Billboard 200 in March and has spent 39 weeks on the chart. Her supporting Mayhem Ball world arena tour began in July and grossed over $100 million on its first North American leg alone. The tour is now in Australia and is set to run through April 2026.