Domain Name Pimped For A Ride

Complainant has a registered trademark for the word mark "Pimp My Ride".  Its wholly-owned subsidiary MTV Networks produces a reality television series entitled "Pimp My Ride", which features a car, chosen from among viewer submissions, which is then restored and customized by the program's experts.

The disputed domain name, "pimpmyride.com", was registered by the Respondent 3 months after the Complainant had filed its trademark application for "Pimp My Ride" and only 4 weeks before the television series was first aired while the show was receiving considerable advance publicity.  The disputed domain name resolves to an extensive website which includes information on car modification, related and unrelated advertising and many links to subpages or related commercial sites offering commercial goods or services related to car modification.  Ordering transfer of the disputed domain name, the Panel deemed this usage of the domain to be in bad faith.  The uncontroverted evidence suggested that the Respondent registered the domain name to attract viewers of the Complainant's subsidiary's show to its website, using the Complainant's trademark to do so. Coupled with this, there was evidence that the Respondent had previously used the disputed domain name to commit illegal acts in relation to a lottery for which the Missouri Attorney General obtained an injunction in 2004. With respect thereto, the website contained an offer than once $20,000 had been raised by members of the public paying $1 each for a chance to have their car "pimped", one entry would be randomly selected.  Respondent appeared to have subsequently run a similar dishonest scam in relation to a $20 required payment for an alleged processing fee to be paid by the selected "winners" of its illegal lottery.  This uncontroverted evidence suggested to the Panel that the Respondent was using the disputed domain name to defraud members of the public or make them purchase goods and services from the Respondent's sponsors, presumably for Respondent's financial benefit in click-through revenue, constituting bad faith registration and use.  Viacom International Inc. v. All in Marketing LLC, WIPO Case No. D2008-0155