Lady Gaga can keep selling her Mayhem tour merch, and a federal judge just handed her a clear early win in a legal fight that has caught the attention of surfers and pop music fans alike.

At the center of the case is one word: Mayhem.

For many surfers, Mayhem is inseparable from …Lost Surfboards, the California-based brand founded by Matt Biolos.

The company has used the Mayhem name since 1986 and in commercial sales since 1992. Biolos says the name came from his own nickname, which itself was inspired by his 1980s band, Mayhem Ordnance.

Over nearly 40 years, the brand has appeared on surfboards, clothing, and headwear sold around the world.

But “Mayhem” is also the title of Lady Gaga’s seventh studio album.

Released on March 7, the album debuted at No. 1 on the Billboard 200 and has now spent 39 weeks on the chart. The record includes the singles “Disease” and “Abracadabra,” along with “Die With a Smile,” her Grammy-winning collaboration with Bruno Mars.

Soon after the album’s release, Gaga launched her “Mayhem Ball” tour and began selling merchandise featuring the album’s name and artwork.

The Trademark Infringement Lawsuit

That is when …Lost sued.

In March, the surf brand filed a $100 million lawsuit accusing Gaga of trademark infringement and false designation of origin.

The company argued that the design on Gaga’s merch looked too much like its longtime Mayhem logo and could confuse consumers, especially when printed on clothing and hats.

As the tour rolled on, …Lost asked the court for a preliminary injunction.

The request aimed to force Gaga to stop selling Mayhem-branded apparel while the case moved forward.

In its filing, the company claimed that “Lady Gaga’s use of ‘Mayhem’ on a commercial item, namely clothing, explicitly misleads consumers as to the source or the content of the mark and specifically, her nationwide concert will cause the consuming public to see …Lost’s mark and associate it with Lady Gaga.”

That request landed before U.S. District Judge Fernando M. Olguin in Los Angeles.

On Monday, December 15, 2025, Olguin said no.

The judge ruled that Gaga’s use of Mayhem is artistically relevant to her album and tour and does not explicitly mislead consumers.

Because of that, he said the Lanham Act, the federal law that governs trademark disputes, does not apply.

“Because defendant’s use of the mark is artistically relevant and does not explicitly mislead consumers as to the source or content of the challenged work, the Lanham Act does not apply, and [plaintiff] cannot succeed on its claims for trademark infringement and false designation of origin,” Olguin wrote.

Business as Usual for Lady Gaga

The decision allows Gaga to keep selling the contested merchandise, which has been available since the Mayhem Ball tour kicked off in July 2025.

The tour has already grossed over $100 million on its first North American leg alone.

Gaga’s lead attorney, Orin Snyder of Gibson Dunn, wasted no time celebrating the ruling, calling it a “total victory.”

“It reaffirms that trademark law cannot be used to censor expressive works or chill artistic expression,” Snyder said.

“We are pleased with the court’s clear and decisive ruling.”

From the surf brand’s side, the mood was more measured.

Matt Biolos acknowledged the setback but said the fight is far from over. 

“While we would have preferred a different outcome at this preliminary stage, we respect the court’s reasoning and look forward to continuing this process,” stated Keith Bremer, the lawyer representing …Lost.

“Our commitment to protecting the Mayhem trademark we’ve built over nearly four decades remains unchanged. We remain open to a constructive dialogue that protects consumers from confusion while allowing artists to express themselves.”

Biolos added that delays, including court backlogs tied to the Los Angeles fires, meant the request was not decided earlier while the tour was still crossing the United States.

He also made clear why the brand is pressing on, arguing that the Mayhem brand has been at the heart of Biolos’ business for nearly 40 years.

The ruling does not end the lawsuit. Gaga’s legal team is expected to file a motion to dismiss the remaining claims, and …Lost can still push to take the case further or explore a settlement.

Words by Luís MP | Founder of SurferToday.com