According to the record company, it had engaged in discussions with the owner of the domain, David Roberts, in which Roberts had made it clear that the disputed domain name related to a tribute band that was unaffiliated with The Beach Boys.
Brother said it agreed to allow Roberts to register the domain name beachboystributeband.org, in exchange for the transfer of beachboys.org.
However, Brother claimed that Roberts refused to transfer the domain name without payment and has continued to use it.
Sole panellist John Swinson found that the domain name was identical to The Beach Boys trademark, bar the omission of the prefix “the”, which “does not prevent a finding of confusing similarity”.
Swinson also ruled that Roberts had no rights or legitimate interests in the domain and the use of the trademark “creates an implied affiliation”.
Finally, he said that the domain was filed in bad faith, as it was “clear that [Roberts] registered the disputed domain name with the trademark in mind”.
“[Roberts] likely intention was to attract internet users who are fans of The Beach Boys.”