URS FINAL DETERMINATION

 

Coachella Music Festival, LLC v. Bob Ponce

Claim Number: FA1712001762513

 

DOMAIN NAME

<coachellatickets.today>

 

PARTIES

Complainant: Coachella Music Festival, LLC of Los Angeles, California, United States of America.

Complainant Representative: Tucker Ellis, LLP of Los Angeles, California, United States of America.

 

Respondent: Bob Ponce of Gilbert, Arizona, United States of America.

Complainant Representative: ALCARAZ TOCCHINI LLP of Phoenix, Arizona, United States of America.

Bob Ponce of Gilbert, Arizona, US.

Complainant Representative: ALCARAZ TOCCHINI LLP of Phoenix, Arizona, United States of America.

 

REGISTRIES and REGISTRARS

Registries: Pearl Woods, LLC

Registrars: GoDaddy.com, LLC

 

EXAMINER

The undersigned certifies that he has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.

James Bridgeman, as Examiner

PROCEDURAL HISTORY

Complainant submitted: December 12, 2017

Commencement: December 13, 2017     

Response Date: January 3, 2018

Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure  Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .

 

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

 

STANDARD OF REVIEW

Clear and convincing evidence.

 

FINDINGS and DISCUSSION

 

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, each of the following three elements to obtain an order that a domain name should be suspended.

Complainant has provided clear and convincing evidence that it is the registered owner of USPTO service mark COACHELLA, registration number 3,196,119 registered on January 9, 2007 before the disputed domain name was registered. The disputed domain name is confusingly similar to Complainant’s registered service mark COACHELLA mark because the disputed domain name merely combines the Coachella Mark with the words “tickets” and “today.” The addition of a generic or descriptive word “tickets” does nothing to distinguish the domain name from the mark. Insofar as it is relevant, neither does the generic top level domain name extension and “.today” serve to distinguish the name and mark in any way.

Respondent in Response has not provided any evidence that he has any legitimate rights or interest in the disputed domain name. Complainant has not given Respondent permission to use its Coachella mark. Respondent is not known by the domain name. Respondent’s use is not a bona fide noncommercial use.

Respondent uses the domain name to redirect consumers looking for Complainant and its festival, to Respondent’s own commercial website. Respondent’s commercial website unlawfully sells tickets to directly competitive music events, and unlawfully sells or resells passes to Complainant’s music festival. Passes to Complainant’s Coachella Music Festival are revocable licenses which cannot be commercially resold

The registration and commercial use of a confusingly similar domain name to redirect consumers to a website offering services in direct competition to Complainant’s services satisfies the bad faith requirements of ¶ 4(b)(iv) of the Policy.

 

DETERMINATION

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.

<coachellatickets.today>

 

 

James Bridgeman, Examiner

Dated:  January 04, 2018

 

 

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page