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