Lady Gaga v. Gaga Pure Platinum Trademark Dispute

Written By Tamera H. Bennett

Lady Gaga, via her company “Ate My Heart Inc.” filed a trademark cancellation proceeding with the US Patent and Trademark Office to cancel the mark “Gaga Pure Platinum.”   According to USPTO records, the Gaga Pure Platinum brand launched in 2000, well before Lady Gaga adopted her persona.

While Lady Gaga has multiple trademark registrations under the mark "Lady Gaga" and "Haus of Gaga," for items other than perfume/cosmetics, she has been unable to secure a federal registration in those classes because of “Gaga Pure Platinum.” So far, she has been denied by the USPTO twice.

The arguments seem to center on whether the Gaga Pure Platinum mark is still in use.  The recording artist’s side claims it’s not, and that they approached the company about finding a way to co-exist.  The cosmetic company denies any such contact occurred, and insists the mark is still in use.

Read more here.

Listen to Dallas trademark lawyer Tamera Bennett and film lawyer Gordon Firemark discuss the case at www.entertainmentlawupdate.com Episode 32.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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