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IP set 11 South Square was both a winner and a loser in the High Court this week as pop superstar Lady Gaga obtained an injunction preventing a computer game company from releasing a single by a cartoon character.
Mishcon de Reya partner Simon Tracey instructed 11 South Square’s Iain Purvis QC for the singer in the case heard before Mr Justice Vos.
Lady Gaga’s rights-holding vehicle Ate My Heart sought the injunction against gaming company Mind Candy after it created a character called Lady Goo Goo in an online game called Moshi Monsters. In the game Lady Goo Goo performed a song called ’Peppy-razzi’, which Mind Candy released in videos on YouTube and planned to sell on iTunes.
Lady Gaga claimed that Mind Candy had infringed her trademark, and that there was a real risk of confusion between herself and Lady Goo Goo, particularly by children.
Vos J granted the interim injunction, preventing Mind Candy from posting more videos of Lady Goo Goo’s song on YouTube or selling it on iTunes. However, the character can still continue to appear in Moshi Monsters.
Mind Candy was represented by 11 South Square’s Mark Vanhegan QC, instructed by Clintons partner David Griffiths.
Both juniors involved were also from 11 South Square. Tom Alkin supported Purvis while Hugo Cuddigan appeared alongside Vanhegan.