Issue No. 044
August 21, 2026
New York
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The IP Briefing · by ESCA Legal
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| A California federal judge dismissed Lost International's trademark lawsuit against Lady Gaga and Bravado International Group over the Mayhem album, tour, and related merchandise. |
| § | Lost International claimed that the Mayhem title and merchandise infringed marks it has used for surfboards, clothing, equipment, and accessories. | | § | The court found that the second amended complaint did not plausibly allege an explicit misstatement identifying Lost as the source of Gaga's work. | | § | The judge dismissed the complaint with prejudice after finding that Lost had received multiple opportunities to address the pleading deficiencies. | | § | The ruling follows an earlier denial of Lost's request for a preliminary injunction against Mayhem merchandise. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue tracks three ways entertainment names create value: as expressive titles, long-running stage identities, and global licensing platforms. |
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| More IP Stories |
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| § Trademark · Update |
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| A New York federal judge dismissed trademark infringement counterclaims brought by members of The Twigs against FKA twigs, finding that the claims were barred by their long delay in taking action. |
| § | Laura and Linda Good first challenged the FKA twigs name in 2014, then voluntarily dismissed that case. | | § | The court found that they knew of Tahliah Barnett's use by 2013 or 2014 but did not resume enforcement activity until 2024. | | § | The judge rejected an argument that alleged intentional infringement excused the delay, finding that the pleadings did not support an intent to create confusion. | | § | Barnett's separate claims seeking to stop interference with her trademark registration efforts remain unresolved. |
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Why it matters
Trademark rights can be weakened by waiting too long to enforce them against a known use. The ruling also separates the dismissed infringement counterclaims from Barnett's remaining effort to protect her registration process.
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| § Trademark · Update |
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| Apple Corps and Universal Music Group entered an exclusive long-term global partnership covering physical and digital merchandise, licensing, and e-commerce for The Beatles. |
| § | Universal Music Group will handle worldwide merchandise, licensing, and e-commerce on behalf of the band. | | § | The agreement expands an existing relationship under which Universal Music Group stewards The Beatles' recorded catalog. | | § | The partnership arrives ahead of a planned Beatles fan experience in 2027 and four authorized biographical films scheduled for 2028. | | § | Financial terms were not disclosed. |
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Why it matters
The deal shows how a legacy entertainment brand can coordinate catalog rights, merchandise, digital products, and authorized screen projects under a broader licensing strategy.
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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