DECISION
Coachella Music Festival, LLC v. Tonya Sanders / Social.Digital.Me / Jamila Brown / Jada Casting
Claim Number: FA2408002112502
PARTIES
Complainant is Coachella Music Festival, LLC ("Complainant"), represented by David J. Steele of Tucker Ellis, LLP, California, USA. Respondents are Tonya Sanders / Social.Digital.Me / Jamila Brown / Jada Casting ("Respondents"), USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org>, registered with GoDaddy.com, LLC and <votechellamusicfestival.org>, registered with Domain.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.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on August 24, 2024. Forum received payment on August 24, 2024.
On August 26, 2024, GoDaddy.com, LLC and Domain.com, LLC confirmed by e-mail to Forum that the <votechella.com>, <votechella.info>, <votechella.net> <votechella.org> and <votechellamusicfestival.org>, domain names are registered with GoDaddy.com, LLC and Domain.com, LLC and that Respondents are the current registrants of the names. GoDaddy.com, LLC and Domain.com, LLC have verified that Respondents are bound by the GoDaddy.com, LLC and Domain.com, LLC registration agreements and have thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On September 3, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 23, 2024 by which Respondents could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondents' registrations as technical, administrative, and billing contacts, and to postmaster@votechella.com, postmaster@votechella.info, postmaster@votechella.net, postmaster@votechella.org and postmaster@votechellamusicfestival.org. Also on September 3, 2024, the Written Notice of the Complaint, notifying Respondents of the e-mail addresses served and the deadline for a Response, was transmitted to Respondents via post and fax, to all entities and persons listed on Respondents' registrations as technical, administrative and billing contacts.
Having received no response from Respondents, Forum transmitted to the parties a Notification of Respondent Default.
On September 24, 2024, 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 Respondents.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from Respondents to Complainant.
PRELIMINARY ISSUE: MULTIPLE RESPONDENTS
Paragraph 3(c) of the Rules provides that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder". Paragraph 1(d) of Forum's Supplemental Rules defines "The Holder of a Domain Name Registration" as "the single person or entity listed in the registration information, as verified by the Registrar, at the time of commencement" and sub-paragraph 1(d)(i) provides that a Complainant wishing to make an argument for a single Respondent having multiple aliases must comply with Supplemental Rules 4(c) and 17(a)(i).
Complainant submits that Paragraph 10(e) of the Rules generally empowers panels to consolidate multiple domain name disputes in accordance with the Policy and the Rules. Where a complaint is filed against multiple respondents, panels consider (i) whether the domain names or corresponding websites are subject to common control, and (ii) whether the consolidation would be fair and equitable to all parties. See Section 4.11.2 of WIPO Overview of WIPO Panel Views on Selected UDRP Questions Third Edition ("WIPO Overview 3.0"); see also The Toronto-Dominion Bank v. Lopz232 moriss, et al., FA 2066467 (Forum Nov. 14, 2023); 7-Eleven, Inc. v. a7 eleven, et al., FA 2041227 (Forum May 25, 2023). In assessing these considerations, panels consider a range of factors, such as (i) relevant IP addresses, name servers, or webhost(s), (ii) the content and layout of websites corresponding to the disputed domain names, (iii) the nature of the marks at issue (e.g., where a registrant targets a specific sector), (iv) any naming patterns in the disputed domain names (e.g., <mark-goods>), and (v) any evidence of respondent affiliation with respect to the ability to control the disputed domain name(s), amongst other factors.
Complainant submits that all of the domain names target Complainant's COACHELLA and CHELLA marks by including "votechella." In addition, the website at "www.votechellamusicfestival.org" lists a contact email address that is info@votechella.com. See Exhibit L at 9. The domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> were all created at the same registrar, GoDaddy, on the same date and time. Accordingly, consolidation is appropriate.
The Panel notes that, according to the Whois information provided by the Registrars, the domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> were all registered with the Registrar GoDaddy.com on April 24, 2018 in the name Jamila Brown / Jada Casting with an address in Los Angeles, California. The domain name <votechellamusicfestival.org> was registered with the Registrar Domain.com, LLC on July 1, 2024 in the name Tonya Sanders / Social.Digital.Me with an address in Atlanta, Georgia.
Although all the domain names target Complainant's CHELLA mark and adopt the naming pattern "votechella", these are their only common factors. Contrary to Complainant's submission, Exhibit L at page 9 does not show the email address info@votechella.com.
In light of the passage of six years between the registration of the <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> domain names and the registration of the <votechellamusicfestival.org> domain name with a different Registrar, the different name and address of the registrant of that domain name and the different website to which that domain name resolves, the Panel finds that Complainant has not furnished any concrete evidence to establish that the <votechellamusicfestival.org> domain name is subject to common control with the registrant of the <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> domain names.
Accordingly, the Panel declines Complainant's request for consolidation and, in the Panel's sole discretion, the remainder of this decision shall deal only with the domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> where Respondent is "Jamila Brown / Jada Casting". It is, of course, open to the Complainant to bring a separate Complaint in respect of the domain name <votechellamusicfestival.org>.
Henceforth this decision refers to Jamila Brown / Jada Casting as "Respondent".
PARTIES' CONTENTIONS
A. Complainant
Complainant, Coachella Music Festival, LLC, owns and produces the famous Coachella Valley Music and Arts Festival ("Coachella"), the country's premier music and arts festival held in Indio, California. Between the two weekends of Coachella, Complainant also produces Chella: Celebrando a la Comunidad ("Chella"), a community-focused concert.
Complainant has rights in the COACHELLA and CHELLA marks through trademark registrations with the United States Patent and Trademark Office ("USPTO"). Respondent's <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> domain names are confusingly similar to Complainant's COACHELLA and CHELLA marks.
Respondent has no rights or legitimate interests in the <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> domain names since Respondent is not licensed or authorized to use Complainant's COACHELLA and CHELLA marks and there is no evidence to suggest that Respondent is commonly known by those names. Additionally, Respondent does not use the domain names for any bona fide offering of goods or services or legitimate noncommercial or fair use. Rather, Respondent uses the <votechella.com> domain name to divert Internet users to its own website featuring competing goods and uses the <votechella.info>, <votechella.net> and <votechella.org> domain names for commercial parking pages with pay-per-click links.
Respondent registered the <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> domain names in bad faith with actual knowledge of Complainant's rights in the COACHELLA and CHELLA marks. Respondent uses the <votechella.com> domain name in bad faith in connection with competing apparel that is reminiscent of Complainant's COACHELLA apparel. It uses the <votechella.info>, <votechella.net> and <votechella.org> domain names in bad faith to redirect to third-party advertisements or other commercial websites.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
Complainant has established all the elements entitling it 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 it has rights in the COACHELLA and CHELLA marks through registrations with the USPTO (e.g., COACHELLA, Reg. No. 3,196,119, registered on January 9, 2007 and CHELLA, Reg. No. 5,075,233, registered on November 1, 2016).
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 <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> domain names to be confusingly similar to Complainant's CHELLA mark, only differing by the addition of the word "vote", which does nothing to distinguish the domain names from the mark. The inconsequential ".com", ".info", ".net" and ".org" generic top-level domains ("gTLDs") may be ignored. See, for example, Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429.
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 domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> were all registered on April 24, 2018, some years after Complainant registered its COACHELLA and CHELLA marks. The <votechella.com> domain name resolves to a website prominently featuring the CHELLA mark and offering for sale apparel evocative of Complainant's COACHELLA apparel. The <votechella.info>, <votechella.net> and <votechella.org> domain names resolve to commercial parking pages with pay-per-click links unrelated to Complainant's business.
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 names on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org>. 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 names.
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 names in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
(iii) Respondent has registered the domain names primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain names, 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 circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant's COACHELLA and CHELLA marks when Respondent registered the domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's websites, by creating a likelihood of confusion with Complainant's mark as to the source of Respondent's websites and of the goods or services promoted on those websites. 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 in relation to the domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, pursuant to paragraph 4(i) of the Policy and paragraphs 10(e) and 15 of the Rules, it is Ordered that the Complaint concerning the domain name <votechellamusicfestival.org> be excluded from the present proceeding and that the domain names <votechella.com>, <votechella.info>, <votechella.net> and <votechella.org> be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: September 25, 2024
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