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.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

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

53 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

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

Does this mean the Queen song "Radio Gaga" is on the outs?
[ link to this | view in thread ]
Gwiz (profile), 8 Mar 2011 @ 9:33am

Re:
Nah, that's prior art, which means....well....not much....never mind.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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
[ link to this | view in thread ]
Anonymous Coward, 8 Mar 2011 @ 10:33am

Re:
Also being a man before he was turned into a woman.
[ link to this | view in thread ]
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!
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
Rich, 8 Mar 2011 @ 10:54am

Re:
You can't copyright a name.
[ link to this | view in thread ]
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
[ link to this | view in thread ]
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....
[ link to this | view in thread ]
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...
[ link to this | view in thread ]
Anonymous Coward, 8 Mar 2011 @ 11:44am

Re: Re:
[citation needed]
[ link to this | view in thread ]
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?
[ link to this | view in thread ]
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?
[ link to this | view in thread ]
Joe Past, 8 Mar 2011 @ 12:01pm

Re: Heard it before her
You sir are the bee's knees.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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
[ link to this | view in thread ]
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
[ link to this | view in thread ]
RadialSkid (profile), 8 Mar 2011 @ 12:11pm

Re: Re: Re:
So what's your excuse?
[ link to this | view in thread ]
Mike, 8 Mar 2011 @ 12:25pm

Re:
Yeah but she has great legs..
[ link to this | view in thread ]
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...
[ link to this | view in thread ]
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 :)
[ link to this | view in thread ]
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?
[ link to this | view in thread ]
rec9140, 8 Mar 2011 @ 1:21pm

Re: Hang on a sec...
DING ! ! ! DING! ! ! DING!

Winner!! ! ! ! !! !
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
Anonymous Coward, 8 Mar 2011 @ 1:37pm

Surely, Queen got there first with Radio GaGa.
If anyone musical should sue, it should be them?!
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
Anonymous Coward, 8 Mar 2011 @ 3:33pm

Remember the controversy over the Lady Gag Gag doll?
[ link to this | view in thread ]
Anonymous Coward, 8 Mar 2011 @ 3:37pm

Re: Re:
Perhaps not, but it can be trademarked, which has pretty much the same effect.
[ link to this | view in thread ]
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...
[ link to this | view in thread ]
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!
[ link to this | view in thread ]
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".
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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?
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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.
[ link to this | view in thread ]
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
[ link to this | view in thread ]
Anonymous Coward, 21 May 2011 @ 12:41am

She's a fugly copy cat bitch.
[ link to this | view in thread ]
Anonymous Coward, 21 May 2011 @ 12:42am

Madonna is QUEEN
[ link to this | view in thread ]
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.!!
[ link to this | view in thread ]