WIPO Domain Name Decision D2018-2064 for blackhawks.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Chicago Blackhawk Hockey Team, Inc. v. Moniker Privacy Services / Jonathon Kimball, iCapital Holdings Case No. D2018-2064 1. The Parties
Complainant is Chicago Blackhawk Hockey Team, Inc. of Chicago, Illinois, United States of America (“United States” or “U.S.”), represented by Greenberg Traurig, LLP, United States.
Respondent is Moniker Privacy Services of Fort Lauderdale, Florida, United States / Jonathon Kimball, iCapital Holdings of Chapel Hill, North Carolina, United States. 2. The Domain Name and Registrar
The disputed domain name is registered with Moniker Online Services, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 7, 2018. On September 10, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 12, 2018, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on September 14, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 4, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on October 5, 2018.
The Center appointed Lawrence K. Nodine as the sole panelist in this matter on October 18, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
Founded in 1926, Complainant is a professional ice hockey team in the National Hockey League. Complainant’s games are televised in the U.S. and abroad and are watched by millions of sports fans. Complainant owns numerous registrations for the trademark BLACKHAWKS, including U.S. Registration Nos. 893,052 (registered June 16, 1970) and 1,671,824 (registered January 14, 1992). Complainant also owns or operates a number of domain names incorporating the BLACKHAWKS mark, including and .
Respondent registered the disputed domain name on September 25, 1995. Currently, the disputed domain name resolves to a parked or pay-per-click (“PPC”) page featuring links to aviation, aircrafts, airplanes, etc., which notes that the disputed domain name maybe for sale. Prior to the filing of the Complaint, a representative of Complainant contacted Respondent inquiring about the possible purchase of the disputed domain name. Respondent replied stating that the disputed domain name was “a six figure name”. 5. Parties’ Contentions A. Complainant
Complainant asserts that the disputed domain name is virtually identical to Complainant’s registered mark as it consists of nothing more than the BLACKHAWKS mark and a “.com” generic top-level domain (“gTLD”). According to Complainant, Respondent has no rights or legitimate interests in the disputed domain name because Respondent registered the disputed domain name without Complainant’s permissi