NBC Universal Media, LLC v. Larry Hoff
Claim Number: FA1901001824897
Complainant is NBC Universal Media, LLC (“Complainant”), represented by Steven M. Levy, Pennsylvania, USA. Respondent is Larry Hoff (“Respondent”), California, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <nbcsportsbet.com>, registered with Domain.com, LLC.
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.
Hon. Sir Ian Barker as Panelist.
Complainant submitted a Complaint to the Forum electronically on January 14, 2019; the Forum received payment on January 14, 2019.
On January 14, 2019, Domain.com, LLC confirmed by e-mail to the Forum that the <nbcsportsbet.com> domain name is registered with Domain.com, LLC and that Respondent is the current registrant of the name. Domain.com, LLC has verified that Respondent is bound by the Domain.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 January 15, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 4, 2019 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@nbcsportsbet.com. Also on January 15, 2019, 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 February 4, 2019. An Additional Submission was filed by Complainant on February 5, 2019.
On February 5, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Hon. Sir Ian Barker as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is a globally known producer and distributor of motion pictures, television, broadcasting, location-based entertainment plus related activities for all the above. From its bases in the United States, it has operated in the broadcast and motion picture industries for many years and has achieved worldwide recognition. Millions visit its websites.
Complainant operates a special division and special channels dedicated to all manner of sport under the name “NBC Sports”. This division broadcasts sports programmes with a diverse array of sporting events including, for example, the Olympic Games.
Complainant owns numerous United States registered trademarks for NBC, NBC SPORTS, NBC SPORTS GOLD and NBC UNIVERSAL. These trademarks all predate the registration of the Disputed Domain Name. One of the earliest trademarks for NBC (US 0619641) was registered on January 17, 1956. The marks have been registered in many other jurisdictions worldwide. Complainant makes extensive use of its trademarks in its marketing and advertising and the mark NBC has become globally famous.
The Disputed Domain Name is confusingly similar to Complainant’s trademarks. The Disputed Domain Name incorporates the whole of the NBCSPORTS trademark adding the word “bet”.
Respondent has no rights or legitimate interests in the Disputed Domain Name such as would allow the use of Complainant’s mark in the Disputed Domain Name. None of the situations mentioned in Paragraph 4(c) applies to Respondent. He has no authorization from Complainant; he is not commonly known by the Disputed Domain Name and he fails to use the Disputed Domain Name for a bona fide offering of goods or services. Rather, the Disputed Domain Name resolves to an inactive website.
Respondent registered and is using the Disputed Domain Name in bad faith. He is attempting to attract internet users for commercial gain and is creating the likelihood of confusion as to the source, sponsorship, affiliation or endorsement of the website. Respondent must have had knowledge of Complainant’s marks before registering the Disputed Domain Name. He fails to use the website actively.
B. Respondent
The Response is very short. It does not address all relevant matters and is not accompanied by any evidential documents which might support the allegations made. It reads as follows:
“Response to Domain Dispute: FA1901001824897
We are a digital company on legal gambling, marketed as ‘Nothing But Cash SportsBet’.
The domain name ‘nbcsportsbet.com’ was granted us by Domain.com on July 18, 2018, and no mention of any conflict was stated.
The site is home to a live video platform where we focus on the live, In Game betting of the newly registered online sportsbooks. You can only join it by invitation. And it is only known as ‘Nothing But Cash SportsBet’. It is a dynamic data page for bettors who will then move on to placing bets on their choice of multiple online sportsbooks.
This is a highly regulated sector watched over by gaming commissions and geo-location.
‘SportsBet’ is the critical phrasing for us. It is digital nomenclature for gambling, not athletic competition. The two words are not separated. Very common usage in technology branding.
The initials NBC obviously represent “Nothing But Cash”. Any google search will display dozens of entities using the NBC initials.
We never market our site using the initials. They only appear in the URL and as mentioned before, that is only sent out by invitation.
Our appeal is that we covert in Game betting found in the Sportsbooks.
Larry Hoff
‘Nothing But Cash SportsBet’”
C. Complainant and Additional Submission
The Response consists of merely conclusionary statements which are unsupported by evidence. His Response does not provide a defence.
There is no evidence to support the claim Respondent’s company is marketed as “nothing But Cash Sportsbet”. There is no evidence of incorporation or of any marketing. If, as claimed, joining Respondent’s enterprise is by invitation only, there would seem to be no need for marketing. But there is no evidence of the invitation-only policy.
Nor is there any evidence of the live video platform alleged in the Response. No website resolves from the Disputed Domain Name and there is no evidence of any bona fide use of it.
The assertion that Respondent never markets through the initials NBC is an admission that Respondent is not commonly known by those initials. Respondent cannot have gained a reputation for a business that uses those initials because of its invitation-only policy.
The assertion that the initials NBC refers to Respondent’s operation is quite wrong. Complainant is the most famous user of those initials and Respondent is using Complainant’s reputation and its trademarks to draw people to his business. None of the paragraph 4(c) situations applies to Respondent.
1. The Disputed Domain Name is confusingly similar to Complainant’s registered trademarks.
2. Respondent has no legitimate rights of interests in the Disputed Domain Name.
3. The Disputed Domain Name was registered and is being used in bad faith.
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.
The Disputed Domain Name is confusingly similar to Complainant’s registered trademarks. It contains the trademarked words NBCSPORTS with the addition of the word “Bet”. Betting is associated with some sports and this additional word is insufficient to distinguish the disputed domain name. See The Toronto-Dominion Bank v George Whitehead (FA1784412, June 11, 2018) where it was said “… slight differences between domain names and registered marks such as the addition of words that describe the foods and services in connection with the mark and gTLDs, do not distinguish the domain name from the mark incorporated therein per Policy 4(a)(i)”.
Paragraph 4(a)(i) of the Policy is satisfied.
Complainant has never given Respondent any sort of authority to reflect any of its trademarks in a domain name. Therefore, it falls to Respondent to demonstrate that he comes within one of the situations stated in Paragraph 4(c) of the Policy. Respondent’s brief Response clearly falls far short of discharging that burden.
Respondent has offered no evidence that he is known commonly by the Disputed Domain Name. Nor is there any suggestion of Respondent having any rights or legitimate interests in the Disputed Domain Name. The inactive holding of the Disputed Domain Name supports this conclusion. It resolves to a website containing the message “Forbidden” “You don’t have permission to access on this server”.
The claim by Respondent that NBC commonly represents “Nothing But Cash” to internet users is fanciful. Complainant’s reputation worldwide must have imprinted its mark on the public psyche.
Nor is there any evidence of any attempt of a legitimate sale by Respondent of goods and services using Complainant’s mark.
Paragraph 4(a)(ii) of the Policy is satisfied.
Respondent must have known of Complainant’s mark at the time of registration of the Disputed Domain Name on July 19, 2018. Respondent is a resident of the United States where Complainant is a dominant player in the media with a nation-wide outreach. Its trademarked initials would be known to someone in business such as Respondent. His intentional targeting of Complainant and its marks confirms this view.
Further confirmation of bad faith, both at the time of registration and subsequently, is provided by the inactive holding of the Disputed Domain Name. See VideoLink, Inc v Xantech Corporation (FA 1503001608735 May 12, 2015). There is also the clear likelihood of confusing internet users into thinking that the Disputed Domain Name had some sort of association with or authorization or approval from Complainant and that this confusion was created by Respondent for commercial gain.
Paragraph 4(a)(iii) of the Policy is satisfied.
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <nbcsportsbet.com> domain name be TRANSFERRED from Respondent to Complainant
Hon. Sir Ian Barker, Panelist
Dated: February 18, 2019
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