Oct 14, 2011  According to a Guardian report, Lady Gaga has won an injunction against Moshi Monsters developers, Mind Candy, over a parody character name 'Lady Googoo'.

Summary

• Aug 21, 2012 Lady GooGoo was removed from Moshi Monsters after Lady GaGa filed an injunction against Mind Candy, Inc. To ban them from having Lady GooGoo perform songs/parodies on YouTube.
• Oct 14, 2011 Lady Goo Goo, a baby with a long blonde fringe from the Moshi Monsters online game - owned by UK firm Mind Candy - released The Moshi Dance on YouTube. But Lady Gaga's injunction has stopped its.

Lady Gaga gets interim injunction to block release of Lady Goo Goo song.

Background

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.

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

Moshi monsters secret codes for rare items. If no, Plant another seed7. Is one a rox flower?6.

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”.

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.

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).

Adobe has stopped supporting Adobe Flash Player for Android, so if you have a newer version of the Kindle Fire, it will not have Adobe Flash Player on it and you will not be able to play Moshi. Depending on what version of Kindle Fire you have, you may not be able to play Moshi Monsters on it. Adobe has stopped supporting Adobe Flash Player for Android, so if you have a newer version of. Apr 16, 2011  Flash Player is one of the minimum requirements for Moshi Monsters. You can not use Moshi Monsters without entering the activation code. Well not all because babydow doesnt need adobe. May 29, 2013  Depending on what version of Kindle Fire you have, you may not be able to play Moshi Monsters on it. Adobe has stopped supporting Adobe Flash Player for. Moshi monsters without adobe flash player.

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.

Birth Name

Stefani Joanne Angelina Germanotta

Nickname

GaGa

Height

5' 1' (1.55 m)

Trade Mark

Her hair bow.

Platnium blond hair.

Her futuristic outfits.

She carries a glow-in-the-dark disco stick during performances.

Rhythmic hooks and choruses

Always features two Great Danes in her music videos

Refers to all her fans as 'Monsters'

Often portrays herself as a rebel in her videos

Trivia

Has three tattoos, one her on wrist, shoulder blade, and lower back.

Is of Italian descent.

Moshi Monsters Lady Gaga Album

Used to be a go-go dancer.

The album's lead single, 'Just Dance', was released on April 8, 2008 and had reached number one in five countries.

Went to the same school with Paris Hilton.

Moshi Monsters, a once massively popular web game that let you raise colorful creatures and complete mini-games around Monstro City, is shutting down. As Ryan Brown spotted on Twitter, the Moshi. Nov 14, 2019  Moshi Monsters, a once massively. As Ryan Brown spotted on Twitter, the Moshi Monsters site now has an 'important notice' that states it will close at. Important notice regarding.

She has been influenced by Madonna, David Bowie, Judy Garland, Grace Jones, Cyndi Lauper, Freddie Mercury, Liza Minnelli, and Michael Jackson.

At seventeen, she was one of twenty people in the world to havegained early admission to the New York University's Tisch School of theArts.

Her stage name, Lady GaGa, is a reference to the song 'Radio Ga-Ga' by Queen.

Interscope music executive Vincent Herbert hired her in January 2008 as a music writer.

She states that she is 'very into fashion' and that it is 'everything'.

Her song 'Boys, Boys, Boys' was inspired by Mötley Crüe's hit 'Girls, Girls, Girls'.

She learned how to play the piano at the age of four, wrote herfirst piano ballad at 13, and began performing at open mic nights bythe age of 14.

Her parents are Joseph, an Internet entrepreneur, and Cynthia, a telecommunications assistant.

She makes mention of the band, The Killers, in her song 'Boys, Boys, Boys'.

On February 20, 2009, she donated tickets and a meet and greet, forany show on her Fame Ball tour, in the US or Canada, to raise money forOdyssey Charter School and elementary schools in Los Angeles affectedby budget cuts.

Has a younger sister.

Is a natural brunette.

Attended Sacred Heart School, a private Catholic school in New York City. Other students have included J.J. Philbin and Joanna Philbin.

Bleached her hair blonde in light of the fact that she was being mistaken for Amy Winehouse by interviewers while trying to make it big.

Has a contralto vocal range.

Her song 'Telephone' was originally written for Britney Spears'ssixth album Circus. However, after it failed to make the album's finaltrack listing, Gaga recorded the song as a collaboration with 'BeyonceKnowles' for her second album, The Fame Monster.

Is a big fan of Britney Spears.

Personal Quotes

On Donatella Versace: She's iconic and powerful, yet people throw darts at her. She's definitely provocative.

Some artists are working to buy the mansion or whatever the element of fame must bear, but I spend all my money on my show.

I was the arty girl, the theatre chick. I dressed differently and Icame from a different social class from the other girls. I was more ofan average schoolgirl with a cork.

On her style: My grandmother is basically blind, but she can makeout the lighter parts, like my skin and hair. She says, 'I can see you,because you have no pants on.' So I'll continue to wear no pants sothat my grandma can see me.

You must never ever let a guy know how much you like him, becausethen he'll run in the other direction .. Well, I just sign that whenyou don't play hard to get, if you're too easy or you come off tooeager, they run away so you gotta keep your pokerface on.

I love Dolce & Gabbana. I love Versace. I love the crazy, moreeccentric stuff. I can't pay my rent, but I'm f---ing gorgeous.

I dropped out of NYU, moved out of my parent's house, got my ownplace, and survived on my own. I made music and worked my way from thebottom up. I didn't know somebody, who knew somebody, who knewsomebody. If I have any advice to anybody, it's to just do it yourself,and don't waste time trying to get a favor.

Writing a record is like dating a few men at once. You take them tothe same restaurants to see if they measure up, and at some point youdecide who you like best. When you make music or write or create, it'sreally your job to have mind-blowing, irresponsible, condomless sexwith whatever idea it is you're writing about at the time.

My album covers are not sexual at all, which was an issue at myrecord label. I fought for months, and I cried at meetings. They didn'tthink the photos were commercial enough.. In my opinion, the lastthing a young woman needs is another picture of a sexy pop starwrithing in sand, covered in grease, touching herself.

[on Britney Spears]Britney's a real class act in terms of the way she handles herself inthe media and embraces new artists. She's always really kind, I'vealways admired that about her.

[on Britney Spears]It was awesome seeing the song change when she put her touches on it.I'm just really grateful that she loves the music and she's sosupportive of me. She's a fan of my stuff and to write a song that sheloves and to know she loves me as an artist, you can't ask for anythingbetter than that.

[on Britney Spears] She's gonna kick everybody's ass. She's awesome, as far as I'm concerned Britney never left.

[on writing the song Quicksand for Britney Spears] She was very sweet and she was very excited to do this song. It's an honor to do anything for Britney Spears - she is such an iconic pop figure for my generation.

Moshi Monsters Lady Gaga Video

I am not sexy in the way that Britney Spears is sexy - which is a compliment to her because she's deliciously good-looking.

[on writing songs for Britney Spears]She's a nice girl - I just feel very honored that she wanted to sing mysong. I used to scream for her in Times Square and now I work for her.When I was 13 she was the most provocative performer of my time. I loveher so much!

[on Britney Spears] Britney certainly doesn't need any freaking tips from me! Britney Spears is the queen of pop. I was learning from her.

Retrieved 19 May 2014. Moshi monsters trading cards.

Moshi Monsters Lady Goo Goo Song

I would rather die than have my fans not see me in a pair of highheels. I'd never give up my wigs or hats for anything. You seelegendary people taking out their trash, I think it's destroying showbusiness