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Pop star Lady Gaga filed a lawsuit in late September, 2011 in New York state court against Excite Worldwide LLC, a marketing company based in Nevada. The superstar alleges that the company is selling cosmetics and jewelry using the LADY GAGA trademark and has, without Ms. Gaga's consent, filed federal trademark applications for the LADY GAGA trademark for a variety of products. Lady Gaga claims that Excite has refused to withdraw these trademark applications and this is despite the pending refusal by the U.S. Patent and Trademark Office of the applications without Ms. Gaga's written consent.
Excite has also apparently ignored the demands to withdraw the trademark applications by Lady Gaga, which trademark applications are blocking the real Lady Gaga from proceeding with her own trademark applications for LADY GAGA.
Lady Gaga is alleging unfair competition and false designation of origin, unjust enrichment, and tortious interference with prospective economic advantage and is requesting injunctive relief, treble damages, and punitive damages and here's a copy of the complaint Lady Gaga Complaint.pdf. Given that Excite was clearly aware of Lady Gaga's trademark rights, I'm not quite sure what Excite is thinking here...
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