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Gaga accused of ripping off Mayhem logo


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monstertoronto

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. 

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HotLikeMexico

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. 

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"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
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spookytanooki

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

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PartySick
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 :triggered:

It makes me think of the Metallica logo almost

metallica.svg

There's also another band that uses the word "Mayhem" in a similar way:

The-Mayhem-Logo-White-e1614865822110.png

(Looks sick as sh*t :rockstar:)

It's just not a very original idea from either party tbh.

🧡Should go home but the party wants me🧡
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PartySick

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 :icant: 

It's like trying to copyright the color blue or trademark a circle

🧡Should go home but the party wants me🧡
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27monster27

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
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Celloo Deng
13 hours ago, AsleepOnTheCeiling said:

Should Taylor sue her for How Bad Do You Want Me?

Don’t give her ideas :ladyhaha:

she/her 👹🖤 | MJ King of Pop 🎶
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