Anheuser-Busch, Incorporated v.
Presidential Tickets
Claim Number: FA0608000786566
Complainant is Anheuser-Busch,
Incorporated (“Complainant”),
represented by Andrea Cannon, of Anheuser-Busch Companies, Inc., One Busch Place, St. Louis, MO
63118. Respondent is Presidential
Tickets (“Respondent”),
REGISTRAR
The domain
name at issue is <buschstadium.com>,
registered with Network Solutions, Inc.
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
Panelist in this proceeding.
Honorable Paul A. Dorf (Ret.) as Panelist.
Complainant
submitted a Complaint to the National Arbitration Forum electronically on
On
On
Having
received no response from Respondent, the National Arbitration Forum
transmitted to the parties a Notification of Respondent Default.
On
Having
reviewed the communications records, the Administrative Panel (the
"Panel") finds that the National Arbitration 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." Therefore, the Panel may issue its decision
based on the documents submitted and in accordance with the ICANN Policy, ICANN
Rules, the National Arbitration 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 makes the following assertions:
1.
Respondent’s <buschstadium.com> domain name is
identical to Complainant’s BUSCH STADIUM mark.
2.
Respondent does not
have any rights or legitimate interests in the <buschstadium.com> domain name.
3.
Respondent registered
and used the <buschstadium.com>
domain name in bad faith.
B. Respondent failed to submit a Response in
this proceeding.
Complainant,
Anheuser-Busch, Inc., is a leading American
brewer. Complainant brews, markets and
distributes one of the worlds most popular beers under
the BUSCH brand. Complainant, a Fortune
500 company, commonly sponsors worldwide sporting and entertainment
events. In connection with Complainant’s
sponsorship of sporting events, Complainant holds a trademark registration for
the BUSCH STADIUM mark with the United States Patent and Trademark Office
(“USPTO”) (Reg. No. 2,050,640 issued
Respondent registered the <buschstadium.com> domain name on
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."
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(e),
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 and
inferences set forth in the Complaint as true unless the evidence is clearly
contradictory. See
Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat.
Arb. Forum
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.
Complainant has established rights
in the BUSCH STADIUM mark through registration of the mark with the USPTO. See Innomed Techs., Inc. v. DRP Servs., FA 221171
(Nat. Arb. Forum
Complainant contends that the
disputed domain name is identical to its registered BUSCH STADIUM mark. The disputed domain name contains
Complainant’s BUSCH STADIUM mark in its entirety without a space between the
terms and adds the generic top-level domain (“gTLD”) “.com.” The Panel finds that the omission of a space
and the addition of a gTLD does nothing to distinguish
a domain name from Complainant’s trademark.
For the purposes of Policy ¶ 4(a)(i), the Panel
finds the <buschstadium.com> domain name to be identical to Complainant’s BUSCH STADIUM
mark. See
The Panel finds
that Policy ¶ 4(a)(i) has been satisfied.
Complainant contends that
Respondent does not have rights or legitimate interests in the disputed domain
name. Pursuant to Policy ¶ 4(a)(ii), Complainant bears the initial burden to establish a prima
facie case that Respondent does not have rights or legitimate interests in
this disputed domain name. Once such a prima
facie case is established, the burden shifts to Respondent to prove that
they do have rights or legitimate interests pursuant to Policy ¶ 4(a)(ii). See Do The
Hustle, LLC v. Tropic Web, D2000-0624 (WIPO
Respondent’s failure to submit a
Response in this proceeding raises a presumption that Respondent lacks rights
and legitimate interests in the disputed domain name. See Pavillion Agency, Inc. v. Greenhouse Agency Ltd., D2000-1221 (WIPO
Complainant contends that
Respondent is not commonly known by the disputed domain name. According to the WHOIS registry, the
registrant of the disputed domain name is “Presidential Tickets” of
Additionally, Complainant contends
that Respondent has not used the disputed domain in connection with a bona
fide offering of goods or services or for a legitimate noncommercial or
fair use. The disputed domain name redirects Internet users to the
<tickets-unlimited.com> domain name which does not resolve to any
content. Respondent’s inactive use of
the disputed domain name since its initial registration in 1998 does not
qualify as a bona fide offering of goods or services pursuant to Policy
¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶
4(c)(iii). See Franzus Co. v. Cotner, FA 125365 (Nat. Arb. Forum
The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.
The Panel finds that Respondent’s
inactive use of the website since1998 creates a presumption of bad faith
registration and use. Due to the lack of
evidence to rebut such a presumption, the Panel finds that Respondent
registered and used the disputed domain name in bad faith pursuant to Policy ¶
4(a)(iii), generally.
See Caravan Club v. Mrgsale,
FA 95314 (Nat. Arb. Forum
Having established all three
elements required under the ICANN Policy, the Panel concludes that relief shall
be GRANTED.
Accordingly, it is Ordered that
the <buschstadium.com>
domain name be TRANSFERRED from Respondent to Complainant.
Honorable Paul A. Dorf (Ret.), Panelist
Dated: October 11,
2006
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