Eldrick 'Tiger' Woods v. Rafael Navarro da Cunha
Claim Number: FA0902001245906
Complainant is Eldrick 'Tiger' Woods (“Complainant”), represented by Julie
Lewis-Sroka, of IMG Worldwide, Inc.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <tigerwoodslifestyle.com>, registered with Universo Online S.A.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Hon. Sir Ian Barker.
Complainant submitted a Complaint to the National Arbitration Forum
On February 24, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of March 16, 2009 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to firstname.lastname@example.org by e-mail.
A timely Response was received and determined to be complete on
Complainant requests that the domain name be transferred from Respondent to Complainant.
The Complainant is a professional golfer with a worldwide
reputation. He has achieved great
prominence in his sport. He is
well-known throughout the world through media exposure, particularly from the
coverage of golf tournaments, exhibitions and charity events. The name “TIGER WOODS” is registered with the
US Patent & Trade Mark Office. The
registration is dated
The Complaint ought, strictly speaking, to have been brought in the
The Respondent has no rights to use the name “Tiger Woods”. When an internet user wishes to visit the website accessed by the disputed domain name, the user will see an offer for the sale of the disputed domain name.
The Respondent is not commonly known by the “Tiger Woods” name and there is no evidence of any preparations by the Respondent in connection with a bona fide offering of goods or services using the disputed domain name.
The disputed domain name has been registered and is being used in bad
faith. It was registered on
The Respondent does not contest the allegations made in the Complaint
and does not contest the transfer of the disputed domain name, as requested by
the Complainant. On
The Respondent makes no admission with respect to any matter concerning the alleged use of the Complainant’s marks and reserves any applicable defences in respect thereof.
(a) The Complainant has indirect rights in a registered trademark for the words TIGER WOODS and direct rights in a common law trademark for the words TIGER WOODS.
(b) The disputed domain name is confusingly similar to the trademark in which the Complainant has rights.
(c) The Respondent has no rights or interest in the disputed domain name.
(d) The Respondent registered and is using the disputed domain name in bad faith.
(e) The Respondent does not oppose the relief requested by the Complainant.
Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
However, where a respondent consents to the transfer of the disputed
domain name, the Panel may forego the traditional UDRP analysis and order the
immediate transfer of the disputed domain name.
The same approach can be found in WIPO decisions such as Williams-Sonoma Inc. v. VEZ-Port (D2000-0207) and Slumberland France v. Acohuri (D2000-0195).
Because the Respondent has indicated that he does not contest the transfer of the disputed domain name but did not actually say he consented to the transfer, it is proper to record by way of a summary the finding:
(a) The disputed domain name is confusingly similar to the Complainant’s trademark;
(b) The Respondent has no rights in the disputed domain name and has not suggested any matter which would bring it within paragraph 4(c) of the Policy;
(c) The registration and use of the disputed domain name is in bad faith, as is witnessed by the approach by the Respondent, shortly after registering the disputed domain name to the Complainant to sell the disputed domain name and the notation on the website that the disputed domain name is for sale.
A finding in summary form on the three Policy criteria is justified by the Respondent’s lack of contest.
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <tigerwoodslifestyle.com> domain name be TRANSFERRED from Respondent to Complainant.
Hon. Sir Ian Barker, Panelist
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