An unfolding constitutional crisis.
Constitutional crises continue to crash around the world’s winningest surfboard shaper Matt “Mayhem” Biolos. Yesterday saw San Clemente’s coolest-looking mom verbally taunted by so-called “1st amendment auditors” looking to test the outer-limits of protected speech. After asking the TikToker not to film his family, the social pest whipped back, “How about don’t talk to me. Leave me alone, sir, my personal security guard is going to get you.”
Today, sees Article 1 Section 8 Clause 8 in play though, this time, Biolos is the one flexing muscle. Lady Gaga, you see, has swooped on stylized “Mayhem,” titling her new album and upcoming tour such. The only problem is that the mark has been owned and used by Lost for ten years.
According to TMZ, the Lost team reached out to Ms. Gaga with concerns though were rebuffed and, thus, forced to sue for damages.
I’m no great legal mind, but imagine the surfboard company has a very strong case. Contrary to popular opinion, there is no “has-to-be-30%-different” rule when it comes to infringement. Each is examined on a case-by-case basis as it relates to similarities. To be quite honest, I always thought Biolos and crew sampled their “Mayhem” from Motley Crue drummer Tommy Lee’s belly but the two marks are certainly unique.
The question, I suppose, is how much money Lost might be entitled to?
A further question, will Ms. Gaga be barred from surfing Lowers until she apologizes?
While the Lost team in engaging lawyers, dragging Ms. Gaga to court etc. they should also sue her for performance in The House of Gucci.
What a terrible, terrible film.
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Shabbat shalom.
similar typeface, possibly influenced by, but clearly different font. no case.
While they are pretty similar, I would find it entertaining if he …lost
Biolos will have a strong case – any decent lawyer will be able to point out enough similarities in the two logos to justify a ruling of copyright infringement.
The legal action will likely be settled in favour of Biolos, before an actual trial –
Matt “Abides By The Law” Biolos
the only Mayhem that matters https://uploads.disquscdn.c…
the metal band should file a third party action in intervention suing both Lost and Lady Gaga.
This is so lame.
Are they bankrupt or something?
Only morally!
Xox
Judge GPT is on the Case:
Both logos say “MAYHEM” but they differ in:
Font:
– The logo on the left uses a font that appears slightly more rounded and “drippy” with a subtle texture.
– The logo on the right uses a font with sharper, more defined edges, giving it a more aggressive, “spiky” look. It also has a subtle gradient or “drip” effect at the top and bottom of each letter.
Color:
The left logo appears to be a flat, single color (likely black or a dark gray).
The right logo has a white base with a red to black gradient effect at the top and bottom of each letter.
General Style:
The left logo has a more “grunge” or “distressed” vibe.
The right logo has a more “metal” or “aggressive” vibe.
In summary, while both logos are for the same word, they use distinctly different fonts, colors, and styles to convey different aesthetic feels.
Based on the image you provided, the logo on the right appears to be the “original” in the sense that it has more visual complexity and a more distinct style. Therefore, it would be the one that a copyright holder would likely claim was infringed upon.
What about Grok “Unhinged”? What does she have to say?
Can we get someone to livestream his every public move until this is resolved?
I didn’t realize Lady Gaga was Brazilian. She probably has a better memory of Tulsi, though.
Tati’s cousin it turns out!
Xox
Better yet, Mike Waltz is the brother-in-law of Creed’s Scott Stapp.
And Creed are the illegitimate bumsex love children of Nickleback and Puddle of Mudd!
Xox
Sounds up your….um …..alley
Exactly the tunes I fart out of my bumhole!
Xox
underrated comment
Has anyone ever figured out if the brand is called Mayhem or …lost?
“Mayhem” surfboards and “Lost” clothing i think they were trying to double dip (or triple dip with Placebo) with riders until the other paying brands said no, no – like riders such as Cory weren’t allowed to put Lost on the boards being he was sponsored by O’Neill
Sue him for making life confusing?
I’m going to repost my comment on every article in this saga!
it is a ripper
all a bit lost on me
yeah..Lost was the brand and Mayhem was Matt’s shaping nom de plume……..as he didn’t want confusion with Matt P?
Slap a Gag(a) Order on her.
Pretty sure that’s the same font used by every death metal band, every motocross brand and every mma brand since the 1990s.
Sue them too?
Definitely some similarities. They even used the same rainbow shape. I bet they end up settling
I wouldn’t be surprised if they took the Mayhem logo then modified it with AI. Aside from the rainbow shape the Y In both images is offset to the left. Some might say nitpicky, but it’s always smart to defend a trademark.
Offset to the left because it’s got 6 letters?
Lost International, LLC also represented by Bremer Whyte in Newport Beach in this case—Matt, get ready for that firm to absolutely punish that file and have three attorneys each billing for the same work.😂
So what’s your secret to billing your clients for your time here?
how I bill my clients for my time? in tenth of an hour increments, but I’ll bundle several tasks/events that took .1 or less rather than doing the shady thing of billing .1 for every single separate email on a thread that I review. it’s really not much of a secret
That’s awesome. It used to be in quarter hour increments. Bravo. Take me to Tavarua with you … I agree with your preliminary injunction toss, and I am not an attorney
idk, camping at La Bocana in Baja would probably be the better call for a BG surf trip, don’t you think?
La Fonda
Camp in chas’ back yard?
Do they know about your Beach Grit habit?
no, but they expect me to be able to respond to stupid arguments, so I consider myself fortunate that certain sectors of the commentariat keep me sharp in that regard.
You’re not hired to decide yourself if an argument is stupid. Billing at .1 presents a reluctance to believe wholeheartedly that your argument is not stupid. There’s going half-ass, then there’s Com Tureen going 1/10th ass. Go get em t_ _ _ _!
Ok, you win. You’ve made an argument so utterly nonsensical that I don’t even understand what you are attempting to convey. Or perhaps you’re just leaning in to that Hegseth life and have been hitting the bottle a bit too hard.
Why not contingent?
you buy into lies. why sell them too?
contingency works for the ambulance chasers and the Plaintiffs’ employment/wage and hour outfits that have a paper mill of small value cases to keep the lights on to fund the big value cases. Lost
v. Gaga ain’t a contingency case in either respect.
I’ve done only two contingencies largely as favors from the plaintiff’s perspective, but you’d be out of business if you did that on the regular in a business dispute context. I sell my knowledge, expertise, judgment, and time—results are not guaranteed and may vary. But, I don’t begrudge you or anyone else for having a low opinion of lawyers in general. I hate most other lawyers in ways and for reasons that most non-lawyers don’t understand.
All that being said, from my perspective, I suppose I could say the same about you re: buying into lies given your unwavering MAGA allegiance, And given that I’ve told you what I sell—what exactly do you sell?
Facts and Opinions that are readily available outside the bubble of your echo chamber. I don’t charge you cause you could use that money for extra keys. The first unlocking your prison door is free. I won’t sell it to you. I’ve already given it to you for free.
ok, but all of your Elon Musk K-Hole esoterics aside, I asked you what you sell in general, and for a living. Enlighten me in that respect. And convince me that your depth of experience and/education should make me reconsider my positions. This is the “ethos” aspect of an agrument if you’ve ever had occasion to read Aristotle.
Is Otto a lawyer now?
all MAGA devotees think they are lawyers.
Momma Matt might want to be careful. He could easily see a lawsuit against his own brand for the same infringement, including from Mr Lee (as you pointed out). Maybe the surfboard business is a bit slow right now.
lawsuit is seeking $100 million in damages and is limited to the clothing trademark registration (not the surfboard registration). Zero way Matt has experienced $100 million in lost (pun intended) sales over this. Zero way Lady Gaga has recognized $100 million on net profits in selling this clothing.
maybe using the same math that was supporting Tesla’s market cap c. December 2024
They will settle out of court for $5 million and for the first time in the last decade we will have a surf company actually to have made money.
Grok tells me Tommy got that tattoo around 1999. Sue him too
Watch out, Valiant Scorn might sue you for giving him that Confederate Flag badge on an anonymous chat board.