- Moshi Monsters Lady Gaga Font Png
- Moshi Monsters Lady Gaga Fan Club
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- Moshi Monsters Lady Goo Goo
Summary
Lady Gaga gets interim injunction to block release of Lady Goo Goo song.
Background
Moshi Monsters Lady Gaga Font Png
Ate My Heart Inc is a company owned and controlled by Lady Gaga. It has CTM registrations for LADY GAGA covering sound, video and audio visual recordings, entertainment services and the streaming of audio and video material on the Internet.
Mar 17, 2013 A cool moshi monsters song in full HD!!! Brain Breaks - Action Songs for Children - Move and Freeze - Kids Songs by The Learning Station - Duration: 4:01. TheLearningStation - Kids Songs.
- She is a parody of Lady Gaga and has two songs, the first of which was 'Peppyrazzi', available in The Underground Disco, and her latestThe Moshi Dance. Lady GooGoo's song, The Moshi Dance (2011), has been taken off iTunes, Moshi Monsters' Music Site and YouTube. The song has still been uploaded by other users and is thus available.
- Dec 16, 2011 Mind Candy operates the successful online children’s game called Moshi Monsters, and its subsidiary Moshi Music exploits sound recordings and songs associated with the game. The game has since 2009 featured a character called Lady Goo Goo, reminiscent of Lady Gaga.
Mind Candy operates the successful online children’s game called Moshi Monsters, and its subsidiary Moshi Music exploits sound recordings and songs associated with the game.
The game has since 2009 featured a character called Lady Goo Goo, reminiscent of Lady Gaga. Moshi Monsters features a number of other parody characters (such as Broccoli Spears and Avril Le Scream). Important characters can achieve moshling status in the game.
Ate My Heart only became aware of the Lady Goo Goo character in April 2011 when the defendants applied to register LADY GOO GOO as a trade mark. They then also learnt that the defendants intended to release as a single a song called The Moshi Dance, sung by Lady Goo Goo (the “Song”), with a scheduled launch date of 18 September on iTunes. The song had been released on You Tube in June 2011 and was alleged to resemble Lady Gaga’s song Bad Romance.
The claimant sought an interim injunction to stop the defendants releasing the Song on iTunes and requiring it to be taken down from You Tube. The claim was for trade mark infringement under Articles 9(1)(b) and 9(1)(c) of the CTM Regulation. It was accepted that the use of the Lady Goo Goo character in game could continue.
The Judgment
Mr Justice Vos applied the principles which govern the grant of interim injunctions in cases such as these.
Was there an arguable case?
Article 9 1 b – similar mark/likelihood of confusion
The Judge took the view that there was a strongly arguable case that both players of the game and older people exposed to the Song would think there was a commercial connection between Lady Gaga and Lady Goo Goo, perhaps because they would think Lady Gaga had adopted the Lady Goo Goo moshling. (Indeed, there was precedent as Lady Gaga had sponsored an unrelated game in the past.)
He seemed to have been influenced by the similarity in names, and that “goo goo ga ga” is a known baby phrase, Lady Gaga had made her name in the music field and she uses the term “Little Monsters” in her tweets, as well as the fact that the You Tube tag for the Song actually included a reference to Lady Gaga. There was some evidence of confusion in blogs, but it was not unequivocal.
Article 9 1 c – mark with a reputation/use without due cause/ unfair advantage/detriment
The Judge took the view that the LADY GAGA trade mark had the necessary reputation to found a claim and that there was the necessary link between LADY GOO GOO and the registered mark.
In addition, he thought there was a good arguable case that the use of LADY GOO GOO damaged the distinctive character of the LADY GAGA mark. Referring to the Judgment of the CJEU in the Interflora v M&S case, he was of the opinion that consumers may not be able to tell that Song did not emanate from Lady Gaga. As the You Tube release used the Lady Gaga tag and the Lady GooGoo moshling looks a bit like Lady Gaga consumers might also think the Song was approved.
He also thought that there was a real risk of tarnishment of the LADY GAGA mark, relying heavily on the fact that consumers would think the origin to be Lady Gaga, but not explaining how he envisaged that tarnishment would occur.
The Judge also thought that the use of LADY GOO GOO in the context of the Song – as opposed simply to the name of the character in the game – did amount to taking unfair advantage of the LADY GAGA trade mark. As he put it, there was an arguable case for “coat tailing or free riding once one moves out of the Game and into free distribution of popular music under the name LADY GOO GOO”, particularly as no other game characters had released songs under their names.
Parody
The Judge pointed out that there is no defence of parody to trade mark infringement. Nonetheless, it may be possible to argue that pure parodic use of a trade mark is use “with due cause” and hence not an infringement. However, the Lady Goo Goo character had morphed beyond parody into something else and was being used to enhance the commercial success of Moshi Monsters and to sell records. Accordingly, the parody argument was unavailable.
Damage
The defendants argued that the claimant had not suffered any real damage thus far, and that damage was unlikely to occur. Mr. Justice Vos did not agree and was of the view that damages would not be an adequate remedy for the claimant because the kind of damage concerned – dilution and damage to a brand’s reputation – is impossible to quantify.
The defendants argued that an injunction would cause them significant loss as they had already spent a significant amount of money producing and promoting the Song. The Judge accepted that the defendants would lose a major opportunity if the Song were prevented from being released and that it would be difficult to assess how much would be lost in financial terms.
Balance of convenience
Status quo
The Judge took the view that the status quo lay in allowing the defendants to continue to use LADY GOO GOO as the name of a character in the game, but not for the release of the Song in iTunes or its presence on You Tube. The Song release was a new departure and a commercial venture and the You Tube release was the wrong side of the line between game character and “Lady Goo Goo becoming a musical star in her own right”.
Moshi Monsters Lady Gaga Fan Club
Balance
In the Judge’s view, the balance of convenience lay in the claimant’s favour and he granted an injunction.
Both parties could well suffer unquantifiable damage, but the claimant had the better argument on the merits which tipped the balance. Although he had initially thought this “was just a case of parody which nobody could think anything to do with Lady Gaga”, he had in fact formed the view that there was a real likelihood of confusion. If the injunction were not granted, Lady Goo Goo may become an important pop star in her own right which could severely damage Lady Gaga’s reputation being damaged.
In view of the potential damage which the defendants would suffer if the injunction turned out to have been wrongly granted, however, he ordered the claimant to pay £350,000 into Court as a condition of the grant of the injunction.
Whilst not conclusive it was clear that the defendants’ conduct had not helped them – they had initially denied that Lady Goo Goo was anything to do with Lady Gaga and that the Song bore no resemblance to Bad Romance, but later accepted otherwise. The Judge was of the view they should have been more candid from the beginning.
Moshi Monsters Lady Gaga Video
Comment
The case is interesting as it is one of the few cases in which a parody “defence” has been raised. It appears that the Court will have some sympathy with parodic use of a trade mark, but not once it strays into the realms of having a commercial purpose which competes with a rights holder’s rights.
However, the line between commercial and non commercial parodies is not always easy to draw, and it is interesting to note that the claimant accepted that the Lady Goo Goo character was unobjectionable in the game, despite the fact that the game is a money making exercise (through subscriptions and merchandising).
In his recent Report, Professor Hargreaves recommended the introduction of a parody defence to copyright infringement. Whilst it remains to be seen what shape that defence will take, some commentators had thought that this move would pave the way for a more liberal attitude towards parodies generally in respect of all IP rights. The decision in this case suggests that this may not be the case.
7 Questions | By Silvergold | Last updated: Feb 13, 2019 | Total Attempts: 3867
Moshi Monsters Lady Goo Goo
In the Moshi Monster game, users choose between six virtual pet monsters they name and nurture. The monsters have to be fed and played with. Players can also buy clothes and other items for the monster. Based on your personality which Moshi monster are you more like and have the strongest bond with? Find out by taking this exciting quiz.
- Whats your favorite color out of these options?
- Princess Pink
- Fiery Red
- Chocolate Brown
- Midnight Black
- Fabulous Green
- Bright Orange
- Whats your favorite Moshling out of these options?
- Angel
- Big Bad Bill
- Fifi
- Burnie
- Chop Chop
- Flumpy
- Which furniture item do you like the best out of these options?
- Heart Balloon
- Rockin' Rocking Chair
- Candy the Scare Bear
- Fuzzy Rug
- Fireplace
- Platinum Pants of Power
- Which shop do you like the best out of these options?
- GROSS - ERY Store
- Bizarre Bazaar
- Yukea
- Horrods
- D.I.Y Shop
- Market Place
- Which one of these objects is NOT a rare item in Monstro City?
- Night Light
- Egyptian Cat Statue
- Shimmery Snaggletooth Sapphire
- Cap'n Buck's Ship In A Bottle
- Monsta Lisa Painting
- Platinum Pants of Power
- Whats your favorite animal out of these options?
- Adorable Puppy
- Fluffy Kitty
- Suspicious Snake
- Vibrant Parrot
- Delightful Mice
- Dark Blue Fish
- Which one of these items would you like in YOUR room?
- 50inch Plasma Screen T.V
- Rocking Sound System
- Jacuzzi (spa pool)
- Ninja Training Gym
- Mini Mall
- Pink Adventure Playground