Lady Gaga, it appears, is one of the most liberal “live and let’s live” artist on today’s music scene. But, don’t be fooled. When it comes to enforcing her legal rights and using all remedies available to her under the law, there is no “live and let’s live.” Gaga let’s you know she is not to be messed with in any shape or form. If you don’t get it, she will run her legal team on you so fast, you’d be sure to fall back; at least that seems to be the case here with her suit against Covent Garden Shop.
“Having entered the Grammys in a giant womb and performed in an outfit made of meat, you’d think Lady Gaga would be happy to see herself associated with a stomach-churning new product.
But the Poker Face star has shown today that she’s the only person who can decide what’s outlandish enough to carry the Gaga brand by launching legal action against an ice cream made with human breast milk.
Covent Garden outlet The Icecreamists made the news last month by announcing their plans for the mammary-based milk but by naming the product Baby Gaga, they’ve outraged a global phenomenon.
Gaga, real name Stefani Germanotta, is to sue the ice cream shop over a product her lawyers call ‘nausea-inducing’ and ‘intended to take advantage of [her] reputation and goodwill’.
Baby Gaga, launched two weeks ago, consists of breast milk blended with vanilla pods and lemon zest.
In legal documents, the Icecreamists are accused of ‘riding on the coattails’ of Lady Gaga by using a waitress dressed like her to serve the product. . .” ~ Full Story at Daily Mail.co.uk
What’s the trademark infringement? See prior UDUAK LAW FIRM BLOG analysis on Trademark infringement. Also when you read the full story in the above link, you will see Gaga’ camp demands the shop change it’s current human breast ice cream to something that is “aurally, visually or conceptually” not an infringement on Gaga the brand.
This raises an issue of what you can trademark. Most people typically think all they trademark is their logos or slogans. In addition to those, you made trademark your packaging, decor, product shape and even your web pages. All of these is categorized under trade dress, a type of trademark. You can also trademark the color of your products and services. For example, Victoria Secret’s pink color, McDonald’s yellow arch and the list goes on.
Photocredit: Donald Kravitz/Getty Images North America
Fashionentlaw™ is the brainchild of Uduak Oduok (Ms. Uduak), an ex-fashion model and industry veteran turned Fashion and Entertainment lawyer. The law blog discusses hot topics in pop culture arising primarily out of the fashion industry.
As a legal practitioner, Ms. Uduak has over two decades of experience counseling individuals and businesses within and outside the creative community. She has counseled designers, apparel manufacturers, models, photographers, retailers, graphic designers, musicians, public relations specialists, and athletes, among others, on diverse legal issues including business formation, licensing, trademark and copyright matters, contracts, intellectual property and contract disputes. She is also an Adjunct Professor.
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