DECISION

 

Coachella Music Festival, LLC v. BC Characters

Claim Number: FA2504002149284

 

PARTIES

Complainant is Coachella Music Festival, LLC ("Complainant"), represented by David J. Steele of Tucker Ellis, LLP, California, USA. Respondent is BC Characters ("Respondent"), California, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <coachellafallfestival.com>, registered with NameCheap, Inc.

 

PANEL

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.

 

Sebastian M W Hughes as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on April 7, 2025; Forum received payment on April 7, 2025.

 

On April 8, 2025, NameCheap, Inc. confirmed by e-mail to Forum that the <coachellafallfestival.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 April 14, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 5, 2025 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@coachellafallfestival.com. Also on April 14, 2025, 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.

 

A timely Response was received and determined to be complete on April 28, 2025.

 

On April 29, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Sebastian M W Hughes 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.

 

On May 4, 2025, Claimant submitted Additional Submissions.

 

On May 6, 2025, Respondent submitted Additional Submissions.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant Coachella Music Festival, LLC is a company incorporated in the state of California and puts on the well-known Coachella festival (the "Festival").

 

Complainant is the owner of numerous trademark registrations in the United States including COACHELLA US registration No. 3,196,119 with a registration date of January 9, 2007; and COACHELLA VALLEY MUSIC AND ARTS FESTIVAL US registration No. 3,965,563 with a registration date of May 24, 2011 (the "Trademark(s)").

 

The domain name appropriates textual components from the Trademarks and is confusingly similar to them. The disputed domain name resolves to a parking page with sponsored links relating to music festivals, including Complainant's Festival.  Respondent has no rights or legitimate interests in the domain name and has registered and uses the domain in bad faith.

 

B. Respondent

The Trademarks lack originality and are based on terms with a long history of regional use.

 

Respondent has rights or legitimate interests in the domain name and the domain name has not been registered and used in bad faith.

 

Respondent represents the local community and its fall festival event is specifically tailored to the needs of the Coachella Valley community, with a particular emphasis on families. The clear differentiation in target market and purpose definitively establishes Respondent's legitimate interest in using the "Coachella" name to identify Respondent's event and connect with Respondent's intended audience.

 

Respondent asserts that it receives no financial benefit from the automatically generated landing page for the domain name provided by Namecheap (and requests Complainant to furnish evidence demonstrating financial gain derived by Respondent from the parking page).

 

C. Additional Submissions

Under Rule 7 of the Supplemental Rules, it is within the discretion of the Panel to accept or consider additional unsolicited submissions.

 

In all the circumstances the Panel declines to accept both Parties' additional submissions, which were submitted after the date of appointment of the Panel; were unsolicited; and are not necessary for the Panel's fair determination of this proceeding.

 

FINDINGS

Complainant has established all the elements entitling it to transfer of the domain name.

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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.

 

Identical and/or Confusingly Similar

The domain name incorporates the entirety of the COACHELLA Trademark and recognizable portions of the COACHELLA VALLEY MUSIC AND ARTS FESTIVAL Trademark.

 

The addition of the terms "fall" and "festival" does not distinguish the domain name from the Trademarks for the purposes of the Policy.

 

The Panel therefore finds that the domain name is confusingly similar to the Trademark. Complainant has made out the first limb under paragraph 4(a) of the Policy.

 

Rights or Legitimate Interests

Respondent is not known by the domain name and was not authorized by Complainant to use the Trademarks. The burden to show rights or legitimate interests shifts to Respondent.

 

Panel does not find Respondent's assertions as to rights or legitimate interests, which are not supported by evidence, convincing. 

 

Complainant has made out the second limb under paragraph 4(b) of the Policy.

 

Registration and Use in Bad Faith

In all the circumstances, in light of the repute of the Trademarks, the manner of use of the domain name, and Respondent's unsubstantiated submissions, the Panel finds Respondent, in registering and using the domain name, has targeted Complainant with intention to create a likelihood of confusion with the Complainant and its Trademarks, for its own commercial gain.

 

Complainant has made out the third limb under paragraph 4(c) of the Policy.

 

DECISION

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <coachellafallfestival.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Sebastian M W Hughes, Panelist

Dated: May 20, 2025