The fame of Lady Gaga is huge. But numerous no. 1 hits do not mean that she always wins court battles. In fact, the American pop idol recently has lost a domain name arbitration.
Lady Gaga objected the domain name www.ladygaga.org. This domain name is used by a fan club of Lady Gaga. The arbitration court rendered a decision in which it denied the complaint. The court was of the opinion that the use of this domain name, despite of the fact that it includes the trademark Lady Gaga, consists of fair use. In this respect, the website has not commercially been managed and it has made clear that it was unofficial.
Of course, this arbitration concerned only the domain name, but it would be interesting to hear the opinion of a judge in respect of the use of the device Lady Gaga on this website, in MarkMatters.com eyes this concerns trademark use and is of course a step further. What do you think, would this use of a device (not originating from Lady Gaga) fall within the definition of fair use?
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“Merkbescherming geeft vrijheid om te kunnen ondernemen.”