The surfboard brand that unsuccessfully tried to sue Lady Gaga is back in court again. This time because she thinks they owe her money.
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In August, a judge threw out a lawsuit from Lost Surfboards claiming that Lady Gaga’s 2025 album Mayhem infringed on its trademarks for a “Mayhem” line of surfing equipment.
Since the lawsuit was thrown out, Gaga argued that the company should pay her $232,000 bill from law firm Gibson Dunn. However, the brand doesn’t think their loss automatically means they should pay her legal bills, Billboard reported.
Lost filed an opposition on Thursday, Sept. 24, according to court documents obtained by Billboard. The company appealed the dismissal of their lawsuit and said they had a valid basis for suing Lady Gaga.
They also said that repaying the lawyer fees should only occur in extreme circumstances.
“Attorneys’ fees are the exception, not a consolation prize for the prevailing party, and this case does not stand out,” their lawyers wrote.
While Gaga’s legal team called the lawsuit a “publicity stunt,” Lost is saying it’s nothing more than preservation.
“Lost’s real purpose in filing its lawsuit was to protect a registration it owns … against use of the identical word with nearly identical stylization on apparel,” the filing reads.
“Defendants ultimately prevailed under … a fact-intensive defense turning on artistic relevance and explicit misleadingness,” Lost said. “Defendants now attempt to recast that merits ruling, with the benefit of hindsight, as proof that Lost’s claims were unreasonable from the outset. It proves no such thing.”
The brand went on to call Gibson Dunn’s fee of $232,000 for 150 hours of work “inflated.” They said the fee should be lowered.
While Lady Gaga’s legal team didn’t immediately respond to the filing, a hearing about the legal fees was set for Oct. 15.
