Lady Gaga successfully trumped the trademark application of a company who attempted to register her name as a trademark without permission. Kind of sneaky to attempt to register LADY GAGA as a trademark to sell makeup and jewelry. (Celebrities often get big bucks to endorse products).
Can a name be used as a trademark? Yes! If it’s your own name… or if you have a signed written consent to use another person’s name. When submitting a trademark application to register another person’s name as a trademark, a signed consent must be submitted along with the trademark application. In this case, a signed written consent would be needed from Stefani Germanotta to use her stage name, Lady Gaga, as a trademark. (Could also be different if a common name like JOHNSON were at issue.. but LADY GAGA is unique name of a mega-superstar).
What happened? The unauthorized LADY GAGA trademark registrations were cancelled. (The unauthorized applicant filed for express abandonment of the trademark applications). …and a lawsuit was filed in Manhattan.
For more info on this topic see also —> http://wp.me/p10nNq-4F . The trademark applications at issue were serial numbers 85032486 and 85033835 filed by Excite Worldwide LLC. @iplegalfreebies and www.kasterlegal.com.
BY: Vanessa Kaster, Esq., LL.M.