San Clemente's Lost Surfboards by Mayhem 4prides itself on being a 5niche brand.
"We've been building Lost Mayhem boards here every day for almost 40 years now."
Head shaper Matt Biolos says his company's products and accessories 6cater to surfers, skaters and snowboarders—which is why he's suing Lady Gaga for 7trademark infringement.
Mayhem is the name of the superstar's latest album and concert tour. Gaga's Mayhem logo is on merchandise like T-shirts and hoodies. It's here on the left with obvious similarities to Lost Surfboards, trademarked Mayhem logo.
"Surfers, skaters and snowboarders—they don't want to be associated with so much corporate pop culture. So if all these little Gaga people are running around wearing a Mayhem shirt, my name on it, in 8mainstream life, it makes our stuff not as cool, not as 9renegade."
Before filing the suit, Biolos says he and his lawyer 10reached out to representatives of Lady Gaga.
"And they just kind of laughed at us and said, 'You're nobody. You don't have any rights.' And we were like, 'We feel that we do.' They wouldn't talk to us."
Los Angeles attorney Lou Shapiro, who is not connected to the case, says the court has a few 11factors to look at.
"Is there so similarity between the logos, which, yes, there's definitely very similar here. So the next thing the court looks at is, is there a 12likelihood of confusion? Will a consumer accidentally buy a Lady Gaga's product when they're really trying to buy this other beach stores product? That's going to be an important factor."
Biolos hopes the lawsuit against Lady Gaga will prevent her from 13diluting the reputation of his 14alternative brand.
"We don't want her money. We want her to stop. We want her to not make any merch with our name on it. We're happy to be a small brand that 15thrives and 16cruises in the underground."
