Lady Gaga has defeated a lawsuit brought by Lost Surfboards, which claimed her album "Mayhem" infringed the trademark of its own Mayhem-branded surfboards. A US federal judge dismissed the case, ruling it was barred by First Amendment protections that shield creative works from most trademark claims, in a decision that reinforces long-standing legal precedent shielding artists' use of common words in album, book and film titles.

Lost Surfboards, which has sold under the Mayhem name since the 1980s, argued Gaga's use of the name and its similar red logo caused consumer confusion and amounted to "blatant disregard" of its rights. Judge Fernando M. Olguin rejected this, applying the "Rogers test" — the same standard that saw Mattel's suit against Aqua's "Barbie Girl" thrown out in 2002 — finding no evidence the album name was explicitly misleading or that any consumer had actually been confused. The ruling echoes an earlier December decision denying Lost an injunction, though the company retains the option to appeal to a federal appeals court.