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Goo goo or Gaga?

Apparently consumers could get confused between a cartoon character and the famously quirky (yet human) singer, Lady Gaga. As reported by Lowering the Bar, a London court has issued an…

user iconLawyers Weekly 18 October 2011 SME Law
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Apparently consumers could get confused between a cartoon character and the famously quirky (yet human) singer, Lady Gaga.

As reported by Lowering the Bar, a London court has issued an injunction against children's website Moshi Monsters and its parent company, Mind Candy, preventing it from releasing a single performed by cartoon character Lady Goo Goo.

Lady Gaga and her legal team claimed the parody would likely cause consumer confusion.

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Lady Goo Goo is reportedly a blonde baby dressed in a bonnet, nappy and dark sunglasses - similar to some of the outfits worn by Gaga herself (under the guise that such items constitute actual clothing).

According to The Hollywood Reporter, in a day-long hearing in the High Court, Justice Vos held that Mind Candy was prevented from "promoting, advertising, selling, distributing or otherwise making available to the public The Moshi Dance or any musical work or video which purports to be performed by a character by the name of Lady Goo Goo".

The single, which was released on YouTube but has since been removed, features the animated baby singing lyrics such as "my stroller's pretty and my diapers are silk. I throw my toys out if I don't get my milk".

The founder of Mind Candy, Michael Acton Smith, said the judgment set "a dangerous precedent".

"The ruling could set a dangerous precedent in trademark law impacting tribute bands and parody songs. Not a good day for creatives," he tweeted.

Folklaw is disappointed the cartoon character's single has been banned and that Lady Gaga, who sometimes forgets to wear pants, takes herself so seriously.

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