San Clemente surf shop sues Lady Gaga over "Mayhem" trademark

San Clemente's Lost Surfboards by Mayhem prides itself on being a niche brand. 

"We've been building Lost Mayhem boards here every day for almost 40 years now," founder Matt Biolos said. 

Biolos said his company's products and accessories cater to surfers, skaters, and snowboarders, which is why he's suing Lady Gaga for trademark infringement for naming her album and tour Mayhem. 

Gaga's logo for her new record has striking similarities to the Lost Surfboards trademarked logo. 

"Surfers, skaters, snowboarders; they don't want to be associated with so much corporate pop culture," Biolos said. "If all these little Gaga people are running around wearing a mayhem shirt, my name on it, in mainstream life, it makes our stuff not as cool and not as renegade."

Before filing the lawsuit, Biolos said he and his lawyer reached out to Lady Gaga's representatives. 

"They kind of laughed at us and said you're nobody. You don't have any rights," Biolos said. "I was like, well, we feel that we do, and they wouldn't talk to us."

Los Angeles attorney Lou Shapiro, who is not connected to the case, said the court has a few factors to consider, including the similarities between the logos and the likelihood of confusion. 

"Will a consumer accidentally buy a Lady Gaga product when they're really trying to buy the beach store product? That's going to be an important factor," Shapiro said. 

Biolos hopes the lawsuit will prevent Lady Gaga from diluting the reputation of his alternative brand. 

"We don't want her money," he said. "We want her to stop. We don't want her to make any merch with our name on it. We're happy to be a small brand that thrives and cruises in the background."

KCAL News contacted Lady Gaga's representatives for comment but have not received a response.