Pryor Cashman Represent Lady Gaga and Defeats Registration of "Baby Gaga" Trademark
Pryor Cashman has won summary judgment for Lady Gaga and its opposition against the trademark application for "Baby Gaga" has been sustained by the U.S. Patent and Trademark Office Trial and Appeal Board.
Adam Swan attempted to register the mark "Baby Gaga" for use in connection with “hats, headbands, infant and toddler one-piece clothing, jackets, pants, shirts, shoes, sweaters, [and] t-shirts.” On behalf of client Lady Gaga and Ate My Heart Inc., Pryor Cashman opposed the registration on grounds of deceptiveness, false suggestion of a connection, priority and likelihood of confusion, and dilution.
In Ate My Heart Inc. v. Adam Swan, Pryor Cashman moved for summary judgment. The Board found that Pryor Cashman “satisfied its burden of setting forth a prima facie showing that: (a) there is no genuine dispute as to any material fact remaining for trial; (b) applicant has failed to demonstrate the existence of a genuine dispute regarding at least one material fact which requires resolution by trial; and (c) "[Ate My Heart, Inc.] is entitled to judgment as a matter of law as to its claim of priority and likelihood of confusion.” Accordingly, the Board refused registration of applicant’s BABY GAGA trademark application.
Lady Gaga and Ate My Heart, Inc. were represented by Partner Brad Rose, Chair of Pryor Cashman's Intellectual Property Group, and Associate Muzamil Huq.
