Prize-picks.com

The timeline behind prize-picks.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

NATIONAL ARBITRATION FORUM DECISION SidePrize, LLC d/b/a PrizePicks v. Jon Edelman / Ideas 4 Now Claim Number: FA2502002141540 PARTIES Complainant is SidePrize, LLC d/b/a PrizePicks ("Complainant"), represented by Ashley N. Klein of Morris, Manning & Martin, LLP, Georgia, USA. Respondent is Jon Edelman / Ideas 4 Now ("Respondent"), Florida, USA. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <prize-picks.com>, registered with Wild West Domains, 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 February 24, 2025. Forum received payment on February 24, 2025. On February 24, 2025, Wild West Domains, LLC confirmed by e-mail to Forum that the <prize-picks.com> domain name is registered with Wild West Domains, LLC and that Respondent is the current registrant of the name. Wild West Domains, LLC has verified that Respondent is bound by the Wild West Domains, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy"). On February 25, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 17, 2025 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@prize-picks.com. Also on February 25, 2025, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts. Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default. On March 18, 2025, 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 Respondent. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant Complainant, SidePrize, LLC d/b/a PrizePicks, asserts that, since at least 2018, it has been providing fantasy sports services which enable its customers to win money prizes. Complainant's PRIZEPICKS mark, registered in the United States in 2020, is distinctive and well-known in the fantasy sports industry. Respondent's <prize-picks.com> domain name is confusingly similar to Complainant's PRIZEPICKS mark. Respondent lacks rights or legitimate interests in the <prize-picks.com> domain name, which does not resolve to an active website and may be used for phishing. Respondent is not commonly known by the term "PrizePicks", is not a licensee of Complainant, and does not operate a business or other organization under the <prize-picks.com> domain name or the PRIZEPICKS mark. Upon information and belief, Respondent does not own any trademark or service mark rights in the domain name. The PRIZEPICKS mark is distinctive, and Complainant is unaware of any other use of that name or anything like it in the fantasy sports industry. Respondent registered the domain name in bad faith using a privacy service. It does not resolve to an active website and may be used for phishing. 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 PRIZEPICKS mark through registration with the USPTO (Reg. No. 6,032,925 registered on April 14, 2020). 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 <prize-picks.com> domain name to be virtually identical and confusingly similar to Complainant's PRIZEPICKS mark, only differing by the insertion of the hyphen, which is insufficient to distinguish the domain name from Complainant's mark. The inconsequential ".com" generic top-level domain ("gTLD") may be ignored under this element. See, for example, Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429. Complainant has established this element. Rights or Legitimate Interests Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by Respondent, shall demonstrate rights to or legitimate interests in the domain name for purposes of paragraph 4(a)(ii) of the Policy, i.e. (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 <prize-picks.com> domain name was registered on November 30, 2024, several years after the registration of Complainant's well-known mark. It does not resolve to an active website. The WHOIS information shows that Respondent is "Jon Edelman / Ideas 4 Now". Accordingly, the Panel finds that Respondent is not commonly known by the <prize-picks.com> domain name. Complainant has provided no evidence that the <prize-picks.com> domain name is being used for phishing. Consequently, the Panel makes no such finding. However, the evidence shows that the domain name is not being actively used. These circumstances are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <prize-picks.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (Forum July 17, 2019). Respondent has made no attempt to do so. Accordingly, the Panel finds that Respondent is not using the domain name for a bona fide offering of goods or services nor a legitimate non-commercial fair use, and that Respondent does not have rights or legitimate interests in the <prize-picks.com> domain name. Complainant has established this element. Registration and Use in Bad Faith The four illustrative circumstances set out in paragraph 4(b) of the Policy as evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii) are not exclusive. The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainants' PRIZEPICKS mark when Respondent registered the <prize-picks.com> domain name and that Respondent registered the domain name in bad faith. Further, the Panel finds the PRIZEPICKS mark, albeit comprising two dictionary words, to be distinctive and well-known. Although the <prize-picks.com> domain name does not resolve to an active website, as in the leading case of Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, given the failure of Respondent to submit a response or to provide any evidence of actual or contemplated good-faith use, the Panel finds there is no conceivable active use that could be made of the domain name that would not amount to an infringement of Complainant's rights in its PRIZEPICKS mark. Accordingly, the Panel finds that Respondent's hitherto passive use of the domain name demonstrates registration and use in bad faith. Complainant has established this element. DECISION Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <prize-picks.com> domain name be TRANSFERRED from Respondent to Complainant. Alan L. Limbury, Panelist Dated: March 19, 2025 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.