Lady Gaga Claiming Ownership Of 'Gaga'? Threatens Baby Gaga Ice Cream

from the oh-come-on dept

Tue, Mar 8th 2011 9:28am — Mike Masnick

As a father of an infant, I can tell you first hand, that babies go through a phase where they say "gaga gaga" quite frequently. This is not new. So it's not too surprising that the makers of the somewhat controversial "breastmilk ice cream" that's been a controversial hit, decided to name it "Baby Gaga." However, now there are reports (as many of you sent in) that Lady Gaga is threatening the shop for violating her rights. Does this mean pretty much every baby ever can sue Lady Gaga for copying their schtick? Look, if you're going to pick a common baby phrase as your silly stage name, don't be surprised when others use it too. But don't go legal over it. It just makes you look like a baby.

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Filed Under: baby gaga, breastmilk ice cream, gaga, lady gaga, publicity rights, trademark

53 Comments

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duffmeister (profile), 8 Mar 2011 @ 8:40am

Does this mean the Queen song "Radio Gaga" is on the outs?
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- Gwiz (profile), 8 Mar 2011 @ 9:33am
  
  Re:
  Nah, that's prior art, which means....well....not much....never mind.
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- DS, 8 Mar 2011 @ 10:09am
  
  Re:
  Not fully, but all we'll be able to hear is Radio Goo-Goo, not Radio Ga-Ga
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- Anonymous Coward, 8 Mar 2011 @ 10:31am
  
  Re: Does this mean Queen song is on the outs
  Actually, the Queen song is where her name originated from... and not the noise babies make
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  - Chuck Norris' Enemy (deceased) (profile), 8 Mar 2011 @ 10:45am
    
    Re: Re: Does this mean Queen song is on the outs
    And where did Queen get Goo-Goo and Ga-Ga from? Try again!
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    - duffmeister (profile), 8 Mar 2011 @ 12:05pm
      
      Re: Re: Re: Does this mean Queen song is on the outs
      Thus my point, a nice circular argument.
      
      So her name is potentially a derivative work and of questionable "ownership" as well. How can you copyright a descriptor anyway. I also thought there was no copyright on fashion.
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  - Richard (profile), 8 Mar 2011 @ 12:05pm
    
    Re: Re: Does this mean Queen song is on the outs
    So all they need to do is to get a "licence" from Brian May and she can't touch them.
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Anonymous Coward, 8 Mar 2011 @ 9:34am

Umm, the ice cream is only part of it, the method of prentation (someone dressed up to look like Lady Gaga) sort of nails the problem.
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- Cowardly Anon, 8 Mar 2011 @ 10:10am
  
  Re:
  I saw that too. But, my understanding is that the servers dressed that way before the ice cream was served there. (I could be wrong through.)
  
  Also, the shop owner comments that the costumes were paying homage to Madonna, not Gaga, and he could make a very very good argument there as Lady Gaga "borrows" a lot if inspiration from pop giants of the past.
  
  That being said, Lady Gaga's letter doesn't make a comment about the way the items are served, only the name.
  
  Seems like the Lady is riding a rather high horse to me.
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Malodorous Intent (profile), 8 Mar 2011 @ 9:43am

What about Ga-ga European Championship?
A quick look at "Ga-ga" in Wikipedia pulls up a game that was popular in Latin American in the '70s and that has a championship with 36 countries participating every year.
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Anonymous Coward, 8 Mar 2011 @ 9:45am

From reading the comments it seems that the shop owner has used controversy in the past to accomplish his goals...

I'm not saying this accusation is false, but perhaps if we actually saw the letter we could really see what this is about?

Plus it doesn't help that he had some costumes that looked like lady gaga.
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Anonymous Coward, 8 Mar 2011 @ 10:09am

That's why she sucks. Well, in part. Other parts include no talent, looking like a tard, acting like a nut, and being certifiable.
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- Anonymous Coward, 8 Mar 2011 @ 10:11am
  
  Re:
  And before the fanboys start flaming, being a success and having lots of money and sold albums has nothing to do with talent at all. All you need is someone to try to make a boatload of cash off you and start promoting you; like Britney and friends.
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  - Anonymous Coward, 8 Mar 2011 @ 10:59am
    
    Re: Re:
    So... What's the ice cream flavor inspired by you? Santorum?
    
    http://en.wikipedia.org/wiki/Santorum_%28sexual_neologism%29
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    - Anonymous Coward, 8 Mar 2011 @ 1:38pm
      
      Re: Re: Re:
      The fact that you know this speaks volumes about you. No comment would ever emphasize that more than your own. I lol'ed, definitely. I hope you don't eat that too often.
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  - Anonymous Coward, 8 Mar 2011 @ 11:44am
    
    Re: Re:
    Right, so your excuse for your lack of "talent" & toiling in anonymity is that your just not interested right? Oh, and can I have some napkins with that?
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    - RadialSkid (profile), 8 Mar 2011 @ 12:11pm
      
      Re: Re: Re:
      So what's your excuse?
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      - Anonymous Coward, 8 Mar 2011 @ 12:41pm
        
        Re: Re: Re: Re:
        Mine is that I like to be an ass and insult trolls on TD but I'd rather the link between this as a funny pastime and my other, more serious, online endeavors not be made :)
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        Anonymous Coward, 8 Mar 2011 @ 1:36pm
        
        Re: Re: Re: Re: Re:
        Good to see you like to insult yourself. There's happy pills for men in white suits for that, you know. And your other, more serious one, should be learning to type.
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- Anonymous Coward, 8 Mar 2011 @ 10:33am
  
  Re:
  Also being a man before he was turned into a woman.
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  - Anonymous Coward, 8 Mar 2011 @ 11:44am
    
    Re: Re:
    [citation needed]
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- Mike, 8 Mar 2011 @ 12:25pm
  
  Re:
  Yeah but she has great legs..
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- vivaelamor (profile), 9 Mar 2011 @ 12:07pm
  
  Re:
  "Other parts include no talent"
  
  Wasn't this covered on the last Lady Gaga story that came up? Feel free to maintain that she has no talent. I'll just claim that you have no taste.
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Ben (profile), 8 Mar 2011 @ 10:09am

Aside from hurt feelings
What legal right does she have? Regardless, this is likely to backfire.

Now let's see her pa-pa-pa-pa-poker face.
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Paul Hobbs (profile), 8 Mar 2011 @ 10:12am

Hang on a sec...
Didn't she take her stage name from the Queen song Radio Ga Ga? Perhaps they should sue her. God damn no-talent tramp gives me the royal shits.
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- rec9140, 8 Mar 2011 @ 1:21pm
  
  Re: Hang on a sec...
  DING ! ! ! DING! ! ! DING!
  
  Winner!! ! ! ! !! !
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jenningsthecat (profile), 8 Mar 2011 @ 10:14am

Now I know why I'm not rich and famous
It seems that a humorectomy is a pre-requisite for being successful in the entertainment industry.
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- Dark Helmet (profile), 8 Mar 2011 @ 11:05am
  
  Re: Now I know why I'm not rich and famous
  "It seems that a humorectomy is a pre-requisite for being successful in the entertainment industry."
  
  Is that the name of the surgery that Lady GaGa got to tuck her man-sausage between her leg and up her pooper?
  
  Because, if so, it's a horribly undescriptive name for a surgery....
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  - jenningsthecat (profile), 8 Mar 2011 @ 11:26am
    
    Re: Re: Now I know why I'm not rich and famous
    Well, I didn't say that was the ONLY operation La GaGa underwent.
    
    Then again, if my penis was stuck up my rectum, I too might be lacking a sense of humour...
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vishal patel, 8 Mar 2011 @ 10:19am

Gaga Claiming
She wants the shop to stop selling the ice cream - despite the fact Westminster Council pulled it from the shelves over health fears last week.
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Vidiot (profile), 8 Mar 2011 @ 10:28am

Heard it before her
Once again in the role of senior commenter... but I can't even recall the first time I heard about someone "going gaga" over some hot thing or another. Like a shiny new buggy whip, or a Stutz Bearcat.
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- Joe Past, 8 Mar 2011 @ 12:01pm
  
  Re: Heard it before her
  You sir are the bee's knees.
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mike allen (profile), 8 Mar 2011 @ 10:47am

i guess if she copyrighted her name in USA then as the shop is in UK she can stick it. as to the actual name even a moron in a mad rush can tell the difference between a talent less transsexual and ice cream.
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- Rich, 8 Mar 2011 @ 10:54am
  
  Re:
  You can't copyright a name.
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  - Anonymous Coward, 8 Mar 2011 @ 3:37pm
    
    Re: Re:
    Perhaps not, but it can be trademarked, which has pretty much the same effect.
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    - harbingerofdoom (profile), 8 Mar 2011 @ 3:50pm
      
      Re: Re: Re:
      for the love of all that is holy... i do NOT want to know where any potential product confusion could be coming from on this one...
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    - Brian Schroth (profile), 9 Mar 2011 @ 6:53am
      
      Re: Re: Re:
      copyright and trademark definitely do NOT have "pretty much the same effect" except the effect of "confusing people who don't know much about copyright and trademark".
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      - Anonymous Coward, 9 Mar 2011 @ 5:29pm
        
        Re: Re: Re: Re:
        The name "Star Wars" is trademarked. Why don't you make a movie and call it "Star Wars" and let me know how you come out with George Lucas' lawyers?
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Drak, 8 Mar 2011 @ 12:00pm

Who's selling what?
I can't speak for British law but here in the U.S. unless Lady Gaga is selling ice cream she doesn't have a leg to stand on...other than a pile of money.

Oh, maybe they should change the ice cream name to "Lil' Monster Ice Cream." That won't draw any lawsuits will it?
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Suzanne Lainson (profile), 8 Mar 2011 @ 12:06pm

Here's another discussion point
Dear photographers, Lady Gaga wants the copyright on your work | TBD.com
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- Suzanne Lainson (profile), 8 Mar 2011 @ 12:09pm
  
  Re: Here's another discussion point
  And here's a bit more. There are other links on the story, but you all can go looking for those if you are interested.
  
  Photographers Respond to Lady Gaga's New Copyright Demands | Rolling Stone Music
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Mike42 (profile), 8 Mar 2011 @ 12:28pm

Breastfeeding...
My understanding was that the shop was trying to spread awareness of the benefits of breastfeeding. The antiseptic '40s and '50s took its toll on the practice, and very few mothers that I've met actually do it.

So, is the takeaway that Lady Gaga is against breastfeeding? I just want to be clear on the message she is sending to her fans who are pregnant or new mothers...
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Library Dude, 8 Mar 2011 @ 1:10pm

History repeats itself in the strangest of ways
Back in the late 1980s/early 1990s, there was a dispute between two western Quebec french fry vendors (a.k.a. "chip wagons"). One guy called himself "Le Roi de la Patate" (Potato King). The new guy in town called himself "Gaga, le Roi de la Patate" (Gaga, the Potato King). The original potato king sued the new kid on the block for infringing his trademark. I have no idea of the outcome of the case because I moved away from the area around that time. But wouldn't it be uproariously funny if Lady G were prevented from using her name because it turned out that it had already been trademarked by a small-town Potato King?
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Anonymous Coward, 8 Mar 2011 @ 1:37pm

Surely, Queen got there first with Radio GaGa.
If anyone musical should sue, it should be them?!
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Anonymous Coward, 8 Mar 2011 @ 3:33pm

Remember the controversy over the Lady Gag Gag doll?
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Anonymous Coward, 8 Mar 2011 @ 7:26pm

While your all running around screaming how she is a talentless transsexual hack, did any of you happen to notice the background of the moron running the shop and making the claims?

To overuse an internet phrase, pics or it didn't happen.

But by all means let us presume the worst, I mean a guy who stormed a TV show in the name of fathers rights and then turned around and supported his new wife denying he baby daddy access to the child in violation of a court order, or taking money for a movement and then disappearing, or turning up drunk... yeah he can't possibly be creating a tempest in a teapot.

Notice they didn't have a copy of the letter in the article? And statements about its contents are quotes from him... not the letter being cited.

Hey look... you got trolled!
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- vivaelamor (profile), 9 Mar 2011 @ 1:16pm
  
  Re:
  "To overuse an internet phrase, pics or it didn't happen."
  
  I can't find any evidence supporting this story either.
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  - Anonymous Coward, 9 Mar 2011 @ 7:23pm
    
    Re: Re:
    It was a wonderful display seeing all of these people tearing down someone who quite possibly didn't do anything. Attacking her music, image, gender, and a whole host of unrelated things all because some dude said she did something.
    
    Well it sounds like something stupid she would do, really isn't worthy of debate is it?
    
    But you have all moved on to the photo release, and how dare she... but she is one of a long line of people who have done this.
    And it is all her fault, but has anyone actually asked her if she knows about it?
    While she does control her image, do you honestly think she saw every piece of paper some label lackey was handing out?
    
    She is pretty accessible, and I would be entertained if anyone actually brought these things to her attention and got her response.
    While someone in her "camp" might be responsible, I have a feeling her response would be to cut the lackey loose and apologize for having lost control of the media machine around her.
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    - vivaelamor (profile), 10 Mar 2011 @ 6:34am
      
      Re: Re: Re:
      "Well it sounds like something stupid she would do, really isn't worthy of debate is it?"
      
      You should see the stories about Courtney Love. It's a weird thing.
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Anonymous Coward, 10 Mar 2011 @ 10:02pm

Sticky Mess
Our company is about to release a new Glue Product made from animal himbo fat. Its called, Goo Goo GaGa. But with all this hoopla maybe we should call it Glue Glue GaGa.

Miss Lady GaGa, this is a real sticky mess your in. Your not royalty and have yet to register yourself as a trademark.
To boot your so stupid to have chosen a generic term for a Trademark name.

Not off to a good start are we love?
How do you like them lactating nipples, huh? : P
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Anonymous Coward, 21 May 2011 @ 12:41am

She's a fugly copy cat bitch.
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Anonymous Coward, 21 May 2011 @ 12:42am

Madonna is QUEEN
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Anonymous Coward, 21 May 2011 @ 12:44am

Google
"lady
gaga copies"
YouTube "lady gaga copies"

ya think all of her hit songs are original and created from this chick.?

Think again.!!
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