And that distinction matters. While owning a word mark grants Lost exclusive rights to use the word “Mayhem” in connection with those specific goods, it doesn’t automatically give them exclusive rights over any particular logo or stylization. So when Lost alleges that Gaga’s merchandise features a logo “nearly identical” to theirs, they’re wading into much murkier legal waters—especially since their stylized logo isn’t registered. To succeed on that front, they’ll need to show that their specific design—the arched, distressed, metal-esque lettering—has acquired distinctiveness under common law. In other words, they’ll need to prove that when consumers see that jagged font, they don’t think “black metal” or “Gaga tour stop”—they think “surfboards.”
Meanwhile, Gaga’s Mayhem tour features merchandise with a scruffy, distorted logo that’s—let’s be honest—extremely metal.
The whole thing radiates “Metal basement gig in the 90s.” And there’s a reason for that: because it looks suspiciously similar to the iconic logo of the black metal band Mayhem.
The band is still using that logo, by the way. Loudly. They’re on tour in 2025 celebrating 40 years of relentless auditory assault, and the logo remains front and center on posters, merch, and fan tattoos. It is, visually and culturally, the Mayhem logo. So when you look at Gaga’s and Lost’s designs side by side, the real visual lineage is pretty obvious: everyone is borrowing from the same black metal family tree. Lost’s tee and Gaga’s hoodie are basically cousins. And the true patriarch, Mayhem the band? They haven’t sued anyone. Yet.
So here’s the legal picture: Lost owns a valid word mark for MAYHEM on clothing. That gives them leverage when someone else—say, Lady Gaga—starts using the same word on similar products. But the lawsuit goes beyond that, claiming Gaga’s design is infringing. That’s where things get complicated. Because unless Lost can prove that their particular logo—the distressed, arched version—has built up enough common law goodwill to act as a protectable mark in its own right, the court may not be sympathetic to their design-based claims. And since Gaga’s merch doesn’t just use the word—it uses it in a visually chaotic, black-metal-inspired way—they may have a solid argument that there’s no likelihood of confusion here. Especially when her fans are more likely to confuse a synth for a saxophone than for a surfboard.
And yet, the $100 million claim is on the table. Lost argues Gaga’s use is damaging their brand, causing confusion, and diminishing their control over their “valuable goodwill.” Whether a court buys that may depend on just how believable it is that someone would mistake a glitter-drenched pop icon’s merch table for the inventory at a surf shack.
And as for Mayhem the band? Still not suing. Still touring. Still looming like a frostbitten godfather over the entire aesthetic. But now that this is all public, and everyone is openly trading on the visual chaos they created back in 1986? You have to wonder: will they stay silent forever?
Because if they decide to enforce their rights—even unregistered ones—we might see the rarest of beasts: a three-way trademark fight between surf, pop, and Satan’s house band. And honestly? That would be the most 2025 thing imaginable.
