Posted on 7/3/2019 6:05:51 PM By Jordan Arnot Leahey

Nineteen days after filing its Uniform Rapid Suspension (URS) complaint, National Council of Young Men's Christian Associations of the United States of America (aka YMCA of the USA) (“YMCA”) was handed a victory by the National Arbitration Forum. At issue were the domain names <ymca.bet> and <ymca.network>, both of which were suspended upon the June 10, 2019 ruling.

An URS claim requires complainants to prove (i) the domain name at issue is identical or confusingly similar to a mark in which it has rights, (ii) the registrant has no rights or legitimate interests in that domain name, and (iii) the registration and use were in bad faith.

The panelist found that YMCA had successfully demonstrated all three elements of the URS by clear and convincing evidence.  In finding bad faith registration and use, the Examiner:

  • accepts that the Respondent was most likely aware of the Complainant’s highly distinctive and well-established YMCA Mark at the time of the registration of the disputed domain names and therefore registered the disputed domain names in bad faith. Such finding is supported by the fact that the website available at the disputed domain names clearly refers to the Complainant’s core business. As to bad faith use, by fully incorporating the YMCA Mark into the disputed domain names and by using the disputed domain names to forward Internet users to a competing website, the Respondent was, in all likelihood, trying to divert traffic intended for the Complainant's website to its own for the purpose of earning click-through revenues from Internet users searching for the Complainant's website

The final decision to suspend the domains was entered by Peter Müller in National Council of Young Men's Christian Associations of the United States of America v. Syrtronics et al., Claim No. FA1905001844520, and the full decision is available at https://www.adrforum.com/DomainDecisions/1844520D.htm

YMCA of the USA was represented by Partridge Partners PC in the matter.