monstertoronto 9,152 Posted March 26 Share Posted March 26 Legal tests of whether something is a trademark infringement are: is this “passing off”, like is someone trying to pretend their infringing product is the original, or, will this use cause “confusion in the marketplace”, so will customers of the original brand be confused if they see this new use, and will they think the original company is involved. Sometimes these lawsuits can get resolved with a “co-existence” agreement where they both agree to both exist. There may be money paid out. In this case, there do seem to be similarities, but the contexts are so different. So one is going to see the logo on a Gaga album and think she’s advertising a surfboard. However, it is possible that someone sees a Mayhem branded hoodie and doesn’t know if it’s Gaga or the surfboard company or makes an assumption it’s the one they’re personally more familiar with. I don’t know what the damages would be though. Quote Link to post Share on other sites More sharing options...
HotLikeMexico 4,948 Posted March 26 Share Posted March 26 lol I’m surprised this didn’t happen sooner. I live by the beach and this **** is everywhere. But I didn’t think it was enough to even say it’s a copy. 2 Quote Link to post Share on other sites More sharing options...
Lil1th 185 Posted March 26 Share Posted March 26 "Basically identical" is a big stretch. They don't own that common font/style which has been used similarly by various companies/artists/films for 60+ years. DJ Hit the lightsss 2 Quote Link to post Share on other sites More sharing options...
Mars 2,152 Posted March 26 Share Posted March 26 Sue ha! Like she gives a damn Quote Link to post Share on other sites More sharing options...
Mars 2,152 Posted March 26 Share Posted March 26 Take your surfboard and surf out of here 1 Quote Link to post Share on other sites More sharing options...
rinasawachanta 2,866 Posted March 26 Share Posted March 26 8 hours ago, OMF said: Is this why the tour poster has that boring font? This. Quote Link to post Share on other sites More sharing options...
MACATL 1,192 Posted March 26 Share Posted March 26 Yeah, there’s a reason Gaga’s camp ignored them. They won’t win this. Quote Link to post Share on other sites More sharing options...
spookytanooki 362 Posted March 26 Share Posted March 26 Similar but not identical Like, imagine being a f*cking surfboard company (cos first of all, get your @$$ out of 1998), and then describing the current state of the USA as your "intellectual property" Get bent mother fathers this post is sponsored by red wine Quote Link to post Share on other sites More sharing options...
misha4ever 1,292 Posted March 26 Share Posted March 26 They should also sue Metallica and half of the metal bands called Mayhem english is not my native language >.< 1 Quote Link to post Share on other sites More sharing options...
PartySick 151,375 Posted March 26 Share Posted March 26 11 hours ago, Railing said: It's a chaotic, rock inspired logo that curves up at the middle so the edges of the left and right Ms are lower than the rest of the text. It's not an original design, but it's also not common that 2 logos are gonna have that specific similarity while being the exact same title. Again, I don't think it was intentional, but let's not act like these people are crazy It makes me think of the Metallica logo almost There's also another band that uses the word "Mayhem" in a similar way: (Looks sick as sh*t ) It's just not a very original idea from either party tbh. 🧡Should go home but the party wants me🧡 Quote Link to post Share on other sites More sharing options...
PartySick 151,375 Posted March 26 Share Posted March 26 The lettering isn't even that original either, if y'all remember the GGD Marry the Night hoodie is stylized in almost an identical way, just flaming instead of wavy It's like trying to copyright the color blue or trademark a circle 🧡Should go home but the party wants me🧡 2 1 Quote Link to post Share on other sites More sharing options...
27monster27 12,289 Posted March 27 Share Posted March 27 If they win this then they set the same dangerous precident that the Dark Horse lawsuit in 2019 set, that someone can own a specific set way of doing something that has existed for years. he/him/his Quote Link to post Share on other sites More sharing options...
Celloo Deng 54,217 Posted March 27 Share Posted March 27 The font is completely different she/her 👹🖤 | MJ King of Pop 🎶 Quote Link to post Share on other sites More sharing options...
Celloo Deng 54,217 Posted March 27 Share Posted March 27 10 hours ago, Mars said: Take your surfboard and surf out of here she/her 👹🖤 | MJ King of Pop 🎶 Quote Link to post Share on other sites More sharing options...
Celloo Deng 54,217 Posted March 27 Share Posted March 27 13 hours ago, AsleepOnTheCeiling said: Should Taylor sue her for How Bad Do You Want Me? Don’t give her ideas she/her 👹🖤 | MJ King of Pop 🎶 Quote Link to post Share on other sites More sharing options...
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