Over the last few months we’ve reported on all sorts of famous names getting lawyers involved to try and recover various domain names. Some domains simply languish with different owners, and others are being used for blatant trademark infringement. Possibly the highest profile Complainant yet however, is Lady Gaga herself.

Lady Gaga, real name Stefani Germanotta, filed a UDRP to try and recover the domain name ladygaga.org – or rather her attorneys did. Currently the domain name is owned by “Oranges are Cool XD” and is registered with Melbourne IT. The domain has been registered to the current owner since 2008, so it seems that Gaga’s team have been slow to attempt to recover the name.

The domain currently hosts a fan site, which offers content in both English and Spanish. The site is strictly non-commercial and features prominent disclaimers stating the site is “unofficial” a “fan site” and of a “non-commercial” nature.

When the UDRP was filed, Lady Gaga’s lawyers provided extensive evidence showing that she was in possession of three Federal Trademarks on “Lady Gaga”, two of which were granted in 2009, and the third in 2011. She also claimed that she had prior common law rights to the name as the used it as a stage and performance name, as early as 2006. Using the evidence submitted, including references to countless musical achievements, Gaga was able to prove the “Identical or Confusingly Similar” element of the UDRP, but this was the only element proven…

Specifically, it seems that Gaga was unable to show that the Respondent lacked rights and legitimate interests in the domain name. It was also concluded that the current registrant of the domain was not using it in bad faith, and certainly was not looking to profit from the Lady Gaga name.

In the decision, dated the 21st September, The National Arbitration Forum concluded that the Complaint was denied, as all three elements required under ICANN policy were not satisfied, and the domain is permitted to stay with its current owner.

This certainly sends a very clear message to the current registrant. Don’t start to monetize the domain and benefit from the trademark!

It seems to be a strange time to try and recover the domain, considering it has been in existence for such a long time. It also begs the question, why wasn’t the .org domain registered when they were creating the brand in the first place? And it seems that there are other forgotten domains. Although Ladygaga.com was registered back in 2006 with Network Solutions and hosts the main Gaga site, the .net equivalent was not. This was registered in 2008 with a different registrar, by someone who doesn’t appear to be affiliated with the brand at all. In fact when you navigate to ladygaga.net domain currently, all you get is an error stating “Error establishing a database connection”. Oh dear! Perhaps this domain will be the next the UDRP quest by Mother Monster?

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