Lady Gaga: Famous Performer; Not So Famous Trademark

In the trademark sense, is Lady Gaga famous for clothing? That is a question the Trademark Trial and Appeal Board (the "Board") sought to answer in the trademark opposition of Ate My Heart, Inc. v. Ga Ga Jeans Limited.

Stefani Germanotta, popularly known as Lady Gaga, is a world-renowned singer, songwriter, actress, and public persona. Time magazine placed her on its All-Time 100 Fashion Icons List, stating that "Lady Gaga is just as notorious for her outrageous style as she is for her pop hits. . . . Gaga has partnered with brands like Giorgio Armani on tour outfits, as well as Polaroid, and even pens a fashion column for V Magazine."

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...