Mayweather Promotions, LLC v. Muhammad Umar
Claim Number: FA1601001658437
Complainant is Mayweather Promotions, LLC (“Complainant”), represented by Lauri S. Thompson of Greenberg Traurig, LLP, Nevada, United States. Respondent is Muhammad Umar (“Respondent”), Pakistan.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <mayweatherteam.com> ('the Domain Name'), registered with GoDaddy.com, LLC.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
<<Dawn Osborne of Palmer Biggs Legal>> as Panelist.
Complainant submitted a Complaint to the Forum electronically on January 27, 2016; the Forum received payment on January 27, 2016.
On January 28, 2016, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <mayweatherteam.com> 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 28, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 17, 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@mayweatherteam.com. Also on January 28, 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 22, 2016 pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Dawn Osborne of Palmer Biggs Legal as Panelist.
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's contentions can be summarized as follows:
Complainant owns US trade mark registrations for MAYWEATHER PROMOTIONS and THE MONEY TEAM for entertainment services and related goods. Complainant is owned by the world famous champion boxer Floyd Mayweather Jr and has been using its MAYWEATHER PROMOTIONS trademark since 2007 and its THE MONEY TEAM trademark since 2012.
The Domain Name is confusingly similar to the Complainant's MAYWEATHER PROMOTIONS and THE MONEY TEAM marks because it combines both marks and differs only from them by removal of the generic terms 'promotions', 'the' and 'team' and the removal of these terms is not sufficient to distinguish the Domain Name from Complainant's marks, nor does the addition of the gTLD .com distinguish the Domain Name from Complainant's marks.
Respondent cannot establish legitimate rights and interests in the Domain Name because Complainant already owns the MAYWEATHER PROMOTIONS and THE MONEY TEAM marks. Respondent cannot show that before notice of the dispute he was using the Domain Name in connection with a bona fide offering of goods and services, that he was commonly known by the Domain Name or that he is making a legitimate noncommercial or fair use of the Domain Name. Respondent is not authorized to use Complainant's marks in any manner.
Respondent acquired the Domain Name in 2015 and has used it in bad faith in derogation of Policy 4(a)(iii). Respondent's use of the Domain Name, which features photographs of the champion boxer with money gives the impression that it is owned by Complainant and Respondent's diversion of Internet users seeking Complainant's services and products to its own website constitutes bad faith registration and use under Policy 4(b)(iv). The use shows actual knowledge of Complainant and his rights.
B. Respondent
Respondent did not submit a Response in these proceedings.
Complainant owns US trademark registrations for MAYWEATHER PROMOTIONS and THE MONEY TEAM for entertainment services and related goods. Complainant is owned by the world famous champion boxer Floyd Mayweather Jr and has been using its MAYWEATHER PROMOTIONS trademark since 2007 and its THE MONEY TEAM trademark since 2012.
Paragraph 15(a) of 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 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 Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) 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.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).
Respondent does not appear to have any trademarks associated with the name 'Mayweather Team'. There is no evidence that he is commonly known by this name and he does not have any consent from Complainant to use Complainant's marks, in particular Complainant's MAYWEATHER PROMOTIONS mark. He does not appear to have used the Domain Name for any bona fide offering of services. Currently, the web site attached to the Domain Name contains photographs of the owner of Complainant. It has an official looking header 'Mayweather Team' under which appears the sub-heading 'Everything about Floyd Mayweather Jr.'. It contains some third-party commercial advertising unconnected with Complainant. It does not indicate anywhere that it is attempting to be an amateur fan site and has more of an air of an official news source. Respondent does not explain why he has registered a domain name consisting of the distinctive part of Complainant's MAYWEATHER PROMOTIONS trademark. Given the contents of the site attached to the Domain Name, the Panelist infers Respondent's intentions were to capitalize on Complainant's good will in its trademark. (See Am. Intl Group Inc v Benjamin FA 944242 (Nat. Arb. Forum May 11, 2007) (finding that the Respondent's use of a confusingly similar domain name to advertise real estate services did not constitute a bona fide use of goods and services). As such, the Panelist finds that Respondent does not have rights or a legitimate interest in the Domain Name and that Complainant has satisfied the second limb of the Policy.
Paragraph 4(b) of the Policy sets out four non-exclusive criteria which shall be evidence of the registration and use of a domain name in bad faith including:
“by using the domain name [the Respondent] has intentionally attempted to attract, for commercial gain, Internet users to [its] website or other on line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, affiliation or endorsement of [its] website or location or of a product or service on [its] website or location.” ¶ 4(b)(iv)
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <mayweatherteam.com> domain name be TRANSFERRED from Respondent to Complainant.
<<Dawn Osborne>>, Panelist
Dated: <<March 7, 2016>>
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