Lady Gaga Tries To Seize Fan Domain... But Fails

from the you-don't-get-everything dept

While we've noted that Lady Gaga seems to be really on top of things when it comes to copyright issues on her music, in other areas of her operations, she's pretty aggressive in pushing intellectual property claims. We've noted, for example, her attempts to aggressively use trademark claims to stop "Baby Gaga" ice cream and copyright claims to control her image by photographers. As we noted, to Lady Gaga, intellectual property seems to have nothing to do with her music, but everything to do with her image.

It's too bad she recognizes the benefits of being open in one aspect of her business, but not in other areas. Of course, the constant overreaches aren't always successful. Take, for example, her recent attempt to gain control over a fan site at LadyGaga.org. Rather than embrace the fan site and be happy for the support, Gaga and/or her management, went to the National Arbitration Forum and argued that this fan had registered the domain in bad faith:

The owner of the site then responded that it was merely a non-commercial, unofficial fan site for Gaga that "does not have any sponsored links or links to third-party websites which market and sell merchandise bearing Complainant’s trademark.”

The owner added that her fan site supported Gaga's fame and was giving the singer free publicity. In other words, the site owner (identified as "Miranda") loves Lady Gaga so much that she's willing to erect a digital shrine to her, and lawyers shouldn't interfere.

Of course, it's quite a fan who's willing to still erect a digital shrine to an artist who goes legal to try to seize their domain. However, the NAF wasted little time in siding with the woman who owned the domain and against Lady Gaga. The ruling made clear that such a fan site is a perfectly legitimate purpose for the domain name.

Filed Under: domain name, fan site, fans, lady gaga, music, trademark

How Not To Win Fans: Game Maker Sues Fan Site

from the drop-the-warhammer dept

samkash was the first of a few of you to send in the news that Games Workshop, makers of (among other things) the tabletop Warhammer games, has apparently decided to sue the operator of a Warhammer fansite. The website is WarhammerAlliance.com, and is run by a company called Curse. Now, some will quickly say that the trademark owner needs to enforce its trademarks or risk losing them, but it's not quite that simple. First, that's only in the case where the use really is infringing. A fan site that is clearly not associated with the company is unlikely to confuse consumers and hardly a dilution issue, since it would likely increase the value of the Warhammer brand. Second, even if it really was a trademark issue, the company could respond by granting the fansite a free license just to encourage the community. It takes a pretty shortsighted view to instead sue the operators of a fan site.

Filed Under: fan site, fans, warhammer
Companies: curse, games workshop