DECISION
BEAST HOLDINGS, LLC v. yezzytech / Yezenime Dokari
Claim Number: FA2506002159392
PARTIES
Complainant is BEAST HOLDINGS, LLC ("Complainant"), represented by Ryan Kaiser, Illinois, USA. Respondent is yezzytech / Yezenime Dokari ("Respondent"), Nigeria.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <the-beastgames.com>, registered with Global Domain Group LLC.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on June 5, 2025. Forum received payment on June 6, 2025.
On June 8, 2025, Global Domain Group LLC confirmed by e-mail to Forum that the <the-beastgames.com> domain name is registered with Global Domain Group LLC and that Respondent is the current registrant of the name. Global Domain Group LLC has verified that Respondent is bound by the Global Domain Group 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 June 9, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 30, 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@the-beastgames.com. Also on June 9, 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.
Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.
On July 1, 2025, 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.
On July 2, 2025, pursuant to Rule 12, the Panel issued an Order requesting Complainant to provide Exhibit A to the Complaint and have it e-mailed to Forum no later than July 7, 2025. That day, Complainant complied with the request.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES' CONTENTIONS
A. Complainant
Complainant, BEAST HOLDINGS, LLC, owns the U.S. registered trademarks MRBEAST and panther logo, for inter alia entertainment services, namely, providing online non-downloadable videos featuring stunts, pranks, challenges and monetary giveaways. Complainant also has unregistered rights in the marks BEAST GAMES and MRBEAST GAMING, for which it has pending applications before the USPTO. Since at least March of 2024, Complainant has continuously advertised and promoted its BEAST GAMES mark in association with its new game show which premiered on December 19, 2024.
The <the-beastgames.com> domain name is confusingly similar to Complainant's marks.
Respondent has no legitimate right or interest in the <the-beastgames.com> domain name. Respondent is not associated with or authorized by Complainant. Complainant has priority over Respondent's use as Complainant applied to register the BEAST GAMES marks in April of 2023 and March of 2024 and has used the BEAST GAMES marks in commerce since at least as early as December 19, 2024. Respondent registered the <the-beastgames.com> domain name on May 3, 2025.
The <the-beastgames.com> domain name was registered and is being used in bad faith. By using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's web site or other on-line location, by creating a likelihood of confusion and actual confusion with the Complainant's MRBEAST and BEAST GAMES marks as to the source, sponsorship, affiliation of Respondent's website or location or of a product or service on Respondent's web site or location and Respondent has, otherwise, registered the domain name primarily for the purpose of siphoning Complainant's goodwill.
Further, since the BEAST GAMES game show recently premiered on December 19, 2024. Respondent is intentionally trying to create an unauthorized association with its website and the BEAST GAMES program.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
Complainant has established all the elements entitling him to relief.
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.
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").
Identical and/or Confusingly Similar
Complainant has shown that, through registration with the USPTO, it has rights in the mark MRBEAST, (Reg. No. 5930575, registered on December 10, 2019 for entertainment services, namely, providing online non-downloadable videos featuring stunts, pranks, challenges and monetary giveaways, in International Class 041). Further, through extensive online use, Complainant has established common law rights in the mark BEAST GAMES.
Complainant also has rights in the panther logo mark (USPTO Reg. No. 6,412,596, registered on July 6, 2021.
It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant's trademark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition ("WIPO Overview 3.0 "), section 1.7.
The Panel finds Respondent's <the-beastgames.com> domain name to be confusingly similar to Complainant's BEAST GAMES mark, only differing by the addition of the word "the" and a hyphen, which are insufficient to distinguish the domain name from Complainant's BEAST GAMES mark. The inconsequential ".com" generic top-level domain ("gTLD") may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).
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 <the-beastgames.com> domain name was registered on May 3, 2025, several years after the registration of Complainant's MRBEAST mark. Exhibit A to the Complaint shows that the domain name resolves to a website prominently displaying Complainant's panther logo and BEAST GAMES marks and headlined:
"We're Back!
Beast Games Season 2
Here's what you need to know about submitting for a chance to compete in BEAST GAMES Season 2."
Another page displays Complainant's panther logo and states: "RESOURCES Beast Games from MrBeast®" and "MrBeast Privacy Policy© 2025".
The website seeks personal information from Internet users seeking a chance to compete in "BEAST GAMES Season 2".
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 he does have rights or legitimate interests in the <the-beastgames.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(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith" and Paragraph 4(b) 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), including:
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your 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 your web site or location or of a product or service on your web site or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant and its MRBEAST, BEAST GAMES and panther logo marks when Respondent registered the <the-beastgames.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, sponsorship, affiliation, or endorsement 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).
Further, the Panel finds Respondent to have registered and to be using the domain in bad faith to phish for personal information from Internet users.
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 <the-beastgames.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: July 3, 2025
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