I refuse to call her Gaga. I’m OK with Robert Zimmerman being Bob Dylan, Reginald Dwight being Elton John, and Gordon Sumner being Sting, but I’m not going to call her Gaga. She was Stefani Germanotta until her “packagers” got ahold of her, and since that’s the name she had to use in this case, that’s what I’m going to call her. Also, does anyone seriously believe that people will be singing “Poker Face” in 30 years?
Now that we’ve got that out of the way, Ms. Germanotta recently failed to gain control of a domain name, ladygaga.org, on the basis that it was a non-commercial fan website. (Here’s the opinion.) In a nutshell, three elements must be proven under the Uniform Domain Name Dispute Resolution Policy (“UDRP”). Unfortunately for Germanotta, she failed the all-important second element–showing that the allegedly infringing party had no rights or legitimate interest in the domain name. The Panel held that genuine fan sites with no intent for commercial gain don’t run afoul of the UDRP.