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April 19, 2011 / Nate Harris

UDRP On MOODYBLUES.COM Turns Whiter Shade of Fail

Summary of  The Moody Blues c/o PAID, Inc. v. Credit Card Marketing Center

(WIPO Case No. D2011-0343)

Filed: February 18, 2011; Decided: April 7, 2011 (Panelist: Frederick M. Abbott)

Disputed domain name: <moodyblues.com>

moodyblues.com

The Parties

Complainant PAID, Inc. (“PAID”) claims to offer “World class celebrity services.” It offers brand management, marketing, and merchandising services to dozens of entertainers including Aerosmith, Motorhead, Weird Al, and–relevantly–the Moody Blues. Its complaint alleges that it has “full and complete rights in the registered trademark Moody Blues.”

Respondent Credit Card Marketing Services (“CCMS”) registered the disputed domain name on February 23, 2004. There is no evidence to suggest that the disputed domain has ever been used.

Identical or Confusingly Similar

The Panel takes “administrative notice” of the musical group “The Moody Blues”. Complainant PAID, Inc., has provided no evidence of an association with that musical group.

Though CCMS claims to own a trademark registration, it has not submitted any evidence thereof. The Panel sua sponte searches the USPTO’s records, but finds nothing tying PAID to the musical group. The Panel notes it has discretion to require additional factual submissions from PAID in order to clarify this point, but declines to do so. Instead, it dismisses the complaint.

Because PAID has not succeeded on the first (or “zeroth”) prong, the Panel does not consider the second and third prongs.

Decision

The complaint is denied.

Commentary

It’s surprising that representatives of the band that gave the world “Nights in White Satin” would screw up so badly on something as basic as standing.

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