Baby Gaga mother’s milk - famous European trademarks

A restaurant in London has started selling ice cream made from breast milk, called Baby Gaga. Fifteen young mothers supplied their milk and received an unknown payment in return. There are no English laws that prohibit the use of (human) breast milk.  

Of course, the milk is first fully checked for pathogens. Ms. Victoria Hiley delivered the first three liters, enough for the first fifty servings.
When served the ice cream is flooded with liquid nitrogen and a cracker is added. The dessert is then served by waitresses in a “Baby Gaga” costume. On the first day of the launch, the ice cream immediately sold out and the responses were very positive. The name is of course very reminiscent of the famous pop star LADY GAGA.
She has registered her name as a trademark for entertainment, CDs and printed materials, but also for clothing and jewelry, not for ice cream. Nevertheless, that is not an immediate problem in this case because LADY GAGA is in fact a reputable trademark. This means that the trademark may even be invoked against similar and identical marks that are used for completely different products, such as in this case ice cream.
LADY GAGA has not filed a complaint up until now, however. Perhaps the fact that she rather enjoys unusual and bizarre activities has prevented her from taking any steps.



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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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