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Famous Performer, Not So Famous Trademark


ANVEEROY

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ANVEEROY

Ate My Heart, Inc., the owner of the mark LADY GAGA for clothing, is a company that handles business related to Ms. Germanotta. Ate My Heart sought to oppose a trademark application by Ga Ga Jeans for the mark GAGA JEANS for jeans (with JEANS disclaimed).

As part of its opposition, Ate My Heart alleged that the LADY GAGA mark was famous and that there was a likelihood of dilution based on the GAGA JEANS mark. That is, registration of the mark GAGA JEANS is likely to reduce the public's perception of the distinctiveness of the LADY GAGA mark.

A finding of fame is desirable for trademark owners because it provides a broad scope of protection to a mark, and reflects extensive public recognition and renown. As such, a party asserting fame must clearly prove it. In support of its claim that LADY GAGA should be considered a famous source indicator for clothing, Ate My Heart pointed to the inherent distinctiveness of the LADY GAGA mark, the fame of Lady Gaga as a performer, her "influence in the world of fashion," use of this mark in connection with clothing since 2008, and sales, marketing and promotion.

Indeed, the Board agreed that "Lady Gaga the performer undeniably qualifies as famous." The Board acknowledged that the trial record contains "considerable evidence regarding Lady Gaga's success in the music business, including substantial musical recording and concert ticket sales, social media presence, and industry awards and other media recognition."

But still, the Board found this was not enough. The Board concluded that Ate My Heart had not proven the mark LADY GAGA is famous for clothing. This is because Ate My Heart was required to show that the LADY GAGA mark is a famous source indicator for clothing, not just general fame.

More @http://www.mondaq.com/unitedstates/x/625906/Trademark/Lady+Gaga+Famous+Performer+Not+So+Famous+Trademark

 

Stream Kylie-Janet Discographies!
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I didn't even know Gaga had a business called Ate My Heart Inc. :poot: 

Monster, the smash hit that never was :selena: 

If you see me posting like crazy, I'm either bored or procrastinating.
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FATCAT
5 minutes ago, Red said:

I didn't even know Gaga had a business called Ate My Heart Inc. :poot: 

Monster, the smash hit that never was :selena: 

It's on all of her posters. Fake fan! :grr:

This kitten over here (meow)
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Just now, FATCAT said:

It's on all of her posters. Fake fan! :grr:

Do you know how many official Lady Gaga posters I own?

Spoiler

Approximately zero.

Spoiler

#GagaPleaseComeToBrazilWithAffordableTicketsAndMerch :selena: 

 

 

If you see me posting like crazy, I'm either bored or procrastinating.
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FATCAT
Just now, Red said:

Do you know how many official Lady Gaga posters I own?

  Hide contents

Approximately zero.

  Hide contents

#GagaPleaseComeToBrazilWithAffordableTicketsAndMerch :selena: 

 

 

Allow me to rephrase my first post: #GagaBlessAmerica

This kitten over here (meow)
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JoanneMonster
9 minutes ago, Red said:

I didn't even know Gaga had a business called Ate My Heart Inc. :poot: 

Monster, the smash hit that never was :selena: 

Khlaessi is the co-owner

latest?cb=20130818144121

 

I See You
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Just now, JoanneMonster said:

Khlaessi is the co-owner

latest?cb=20130818144121

 

ew that's why I don't watch Game of Thrones

If you see me posting like crazy, I'm either bored or procrastinating.
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ryanripley
11 minutes ago, Red said:

I didn't even know Gaga had a business called Ate My Heart Inc. :poot: 

Monster, the smash hit that never was :selena: 

the trademark is on the corner of her official posters :selena: 

https://goo.gl/xMgMvJ
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Just now, ryanripley said:

the trademark is on the corner of her official posters :selena: 

dont

have

poster

:selena: 

If you see me posting like crazy, I'm either bored or procrastinating.
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JoanneMonster
1 minute ago, Red said:

ew that's why I don't watch Game of Thrones

by that rule you shouldn't watch gaga either

Gaga+Bovine+Heart+.png

I See You
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Just now, JoanneMonster said:

by that rule you shouldn't watch gaga either

Gaga+Bovine+Heart+.png

I watched this interlude once in my life

If you see me posting like crazy, I'm either bored or procrastinating.
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1 minute ago, ryanripley said:

QYB49S.gif

giphy.gif

If you see me posting like crazy, I'm either bored or procrastinating.
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