Coachella Music Festival, LLC v. DLB Infotech and DLB Infotech Pvt Ltd
Claim Number: FA1601001657189
Complainant is Coachella Music Festival, LLC ("Complainant"), represented by David J. Steele of Tucker Ellis, LLP, California, USA. Respondent is DLB Infotech and DI-B Infotech Pvt Ltd ("Respondent"), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <coachellalineup.org>, registered with GoDaddy.com, LLC.
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Panelist in this proceeding.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the Forum electronically on January 19, 2016; the Forum received payment on January 19, 2016.
On January 20, 2016, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <coachellalineup.org> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On January 20, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 9, 2016, by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@coachellalineup.org. Also on January 20, 2016, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On February 12, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to
Complainant.
A. Complainant
Complainant uses the COACHELLA mark in connection with the marketing of its annual Coachella Music Festival.
Complainant holds a registration for the COACHELLA service mark, which is on file with the United States Patent and Trademark Office ("USTPO") (Registry No. 3,196,119, registered January 9, 2007).
Respondent registered the <coachellalineup.org> domain name on or about January 11, 2015.
The domain name is confusingly similar to Complainant's COACHELLA mark.
Respondent has not been commonly known by the domain name.
Respondent is not licensed to use Complainant's COACHELLA mark, nor does Respondent have any legal relationship with Complainant that would entitle it to use the COACHELLA mark.
Respondent is not making either a bona fide offering of goods or services by means of, or a legitimate noncommercial or fair use of, the domain name.
The domain name resolves to a website that Respondent uses to attempt to pass itself off as Complainant's own site and to sell competing goods.
Respondent has no rights to or legitimate interests in the domain name.
Respondent's use of the domain name creates a likelihood of confusion among Internet users as to the possibility of Complainant's sponsorship of or affiliation with the domain name and its resolving website.
Respondent seeks to obtain commercial gain from its use of the domain name.
Respondent registered the domain name while knowing of Complainant and its rights in the COACHELLA mark.
Respondent has registered and uses the domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding which is compliant with the requirements of the Policy and its accompanying Rules. However, in email messages addressed to the Forum, RESPONDENT has recited as follows: "[W]e can transfer the domain to you or we can delete" and "l am unlocking the domain and [am] ready to transfer the domain to you."
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following in order to obtain from a Panel an order that a domain name be transferred:
i. the domain name registered by Respondent is identical or confusingly
similar to a trademark or service mark in which Complainant has rights;
ii. Respondent has no rights to or legitimate interests in respect of the domain
name; and
iii. the same domain name has been registered and is being used by
Respondent in bad faith.
Notwithstanding the foregoing, ¶ 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."
Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004). See also, to the same effect, Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
Respondent's Response does not contest the material allegations of the Complaint, and, in particular, it does not contest Complainant's request that the contested domain name be transferred to Complainant. Rather Respondent has declared in writing its willingness that the domain name be so transferred. Thus the parties have effectively agreed in writing to a transfer of the subject domain name from Respondent to Complainant without the need for further proceedings, including the otherwise required findings.
Accordingly, it is Ordered that the <coachellalineup.org> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: February 15, 2016
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