New York Yankees Partnership Yankee Stadium v. Gavin Melendez
Claim Number: FA2211002021721
Complainant is New York Yankees Partnership Yankee Stadium (“Complainant”), represented by Richard S. Mandel of Cowan, Liebowitz & Latman, P.C., New York, USA. Respondent is Gavin Melendez (“Respondent”), Texas, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <yankeestadiumboxoffice.com>, registered with GoDaddy.com, LLC.
PANEL
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.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to Forum electronically on November 28, 2022. Forum received payment on November 28, 2022.
On November 29, 2022, GoDaddy.com, LLC confirmed by e-mail to Forum that the <yankeestadiumboxoffice.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 November 30, 2022, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 20, 2022 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@yankeestadiumboxoffice.com. Also on November 30, 2022, 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, Forum transmitted to the parties a Notification of Respondent Default.
On December 22, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, 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, New York Yankees Partnership, is the owner of the New York Yankees Major League Baseball Club. Complainant has rights in the famous YANKEES and YANKEES STADIUM marks through trademark registrations with the United States Patent and Trademark Office (“USPTO”). The marks are used for baseball game and exhibition services and a wide variety of goods and services associated with Complainant’s club, including tickets to Yankees baseball games. Respondent’s <yankeestadiumboxoffice.com> domain name is identical or confusingly similar to each of the marks. Complainant is also the registrant with the USPTO of a mark consisting of the letters “NY” in stylized form (“the NY logo mark”), Reg. No. 3,331,057, registered on November 6, 2007.
Respondent lacks rights or legitimate interests in the <yankeestadiumboxoffice.com> domain name as Respondent is not commonly known by the domain name and Complainant has never licensed to Respondent rights to use either of the YANKEES and YANKEES STADIUM marks. Respondent is trading off the marks’ associated goodwill by diverting Internet traffic for commercial gain. Respondent is passing itself off as Complainant through a fraudulent website that provides unrelated services. Respondent also does not make a nominative fair use of the domain name.
Respondent registered and uses the <yankeestadiumboxoffice.com> domain name in bad faith by capitalizing off the fame and goodwill of the YANKEES and YANKEES STADIUM marks and causing initial interest confusion. Respondent creates confusion as to the source or affiliation of the domain name to attract Internet users for financial benefit. Respondent also offers competing services and had actual and constructive knowledge of Complainant’s rights in the YANKEES and YANKEES STADIUM marks.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant has established all the elements entitling it to relief.
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 set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (“Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint”).
Complainant has shown that it has rights in the YANKEES and YANKEES STADIUM marks through trademark registrations with the USPTO (e.g., YANKEES, Reg. No. 1,161,865, registered on July 21, 1981, and YANKEES STADIUM, Reg. No. 2,843,353, registered on May 18, 2004). The Panel finds Respondent’s <yankeestadiumboxoffice.com> domain name to be confusingly similar to each of the YANKEES and YANKEES STADIUM marks because the marks are wholly incorporated into the domain name, which merely omits the letter “s” and adds generic terms related to Complainant. These differences are insufficient to distinguish the domain name from either of the marks. The inconsequential “.com” generic top-level-domain (“gTLD”) may be ignored.
Complainant has established this element.
Rights or Legitimate Interests
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <yankeestadiumboxoffice.com> domain name was registered on October 9, 2019, many years after Complainant has shown that its YANKEES and YANKEES STADIUM marks had become famous. It resolves to a website displaying Complainant’s NY logo mark and offering tickets to sports and entertainment events bearing no connection to those offered by Complainant.
These circumstances, together with Complainant’s assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <yankeestadiumboxoffice.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (Forum July 17, 2019).
Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
(iv) by using the domain name, 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 Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or of a product or service on its website or location.
The Panel notes that, at the foot of the last page of Respondent’s website appears the disclaimer in fine print: “We are a resale marketplace, not a box office or venue”. The Panel considers that Internet users are likely to arrive at Respondent’s website erroneously believing that it is associated with Complainant. The disclaimer is unlikely to come to their attention and, even if it did, is unlikely to dispel Internet users’ confusion.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s famous YANKEES and YANKEES STADIUM marks when Respondent registered the <yankeestadiumboxoffice.com> domain name and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website, by creating a likelihood of confusion with Complainant’s mark as to the source of Respondent’s website and of the services promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <yankeestadiumboxoffice.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: December 23, 2022
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