URS DEFAULT DETERMINATION


Coachella Music Festival, LLC v. WhoisGuard, Inc.
Claim Number: FA1710001752925


DOMAIN NAME

<coachellaticketslineup.website>


PARTIES


   Complainant: Coachella Music Festival, LLC of Los Angeles, CA, United States of America
  
Complainant Representative: Tucker Ellis, LLP David J. Steele of Los Angeles, CA, USA

   Respondent: WhoisGuard, Inc. WhoisGuard Protected of Panama, II, PA
  

REGISTRIES and REGISTRARS


   Registries: DotWebsite Inc.
   Registrars: Namecheap

EXAMINER


   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 Examiner in this proceeding.
   Hector Ariel Manoff, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: October 9, 2017
   Commencement: October 10, 2017
   Default Date: October 25, 2017
   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



   Findings of Fact: The Complainant owns several trademark registrations “COACHELLA”, with over 18 years of continuous use.

  

Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.


[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant 


The disputed domain name <coachellaticketslineup.website> is confusingly similar to the Complainant’s Trademarks COACHELLA. It combines the mentioned Trademark with the addition of generic or descriptive words, such us “tickets” and “lineup”, commonly used in connections with music festivals. Examiner finds that the disputed domain name is confusingly similar to the Complainant’s trademark registrations and that Complainant has complied with URS 1.2.6.1 by demonstrating that the disputed domain name is confusingly similar to a mark for which the Complainant holds a valid national registration which is in current use.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


Complainant has not authorized Respondent to use its registered trademarks COACHELLA. No evidence was submitted by Respondent to prove that he is commonly known as COACHELLA. There is no evidence about rights or legitimate interest in COACHELLA and the disputed domain name, or evidence about a fair use either. The Examiner finds that the requirements set forth by URS 1.2.6.2 have been also met.


[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant 


Since Complainant’s trademarks are prior to the disputed domain name’s registration, Examiner concludes that the registration of the disputed domain name was made on bad faith. Regarding the use of the domain name, it is designed to attracts users to its website where it impersonates Complainant, including not only the prominent use of the Coachella mark as well as an image taken directly from Complainant’s own Coachella music festival. Examiner finds that the disputed domain name is being used in bad faith to attract for commercial gain and that Complainant has complied with URS 1.2.6.3.


FINDING OF ABUSE or MATERIAL FALSEHOOD


The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:


  1. The Complaint was neither abusive nor contained material falsehoods. 

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 name(s) be SUSPENDED for the duration of the registration:

  1. coachellaticketslineup.website

 

Hector Ariel Manoff
Examiner
Dated: October 26, 2017

 

 

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