Stefani Germanotta Loses Domain Name Case; Tweens Rejoice Until Next Fad Hits

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.

About Brian Jones

I represent clients in all aspects of business litigation, but focus my practice on complex litigation and arbitration matters concerning insurance and reinsurance, antitrust, class actions, securities, real estate disputes, and contract matters. I am the co-chair of the Bose McKinney & Evans Insurance Group. I was listed in the 2017 and 2016 "Best Lawyers in America" for Insurance Coverage and named a "Rising Star" in Insurance Coverage by Super Lawyers in Indiana in 2014. I was also named a "Rising Star" in Business Litigation by Super Lawyers in Indiana in 2013 and 2012, and a 2010 “Rising Star” in Business Litigation in Texas. I am a member of the State Bars of Indiana and Texas, the Defense Research Institute, a former member of the Pro Bono College of the State Bar of Texas, and I am licensed to practice before all state courts in Indiana and Texas, as well as all federal courts in Indiana, the Northern, Western, and Southern Districts of Texas, the Northern District of Illinois, and the United States Courts of Appeals for the Fifth, Seventh, and Eleventh Circuits. I received my bachelor’s degree, cum laude, in political science and my master’s degree in teaching from Trinity University, where I was elected to Phi Beta Kappa. I received my doctor of jurisprudence degree from the University of Texas School of Law, where I was the Director of Communications for the Legal Research Board and a member of the Phi Delta Phi Honor Society. Before attending law school, I taught high school geography, government and economics in San Antonio, Texas.
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