Facts The New York Yankees Partnership d/b/a/ The New York Yankees Baseball Club (Yankees) is among the worlds most recognized and followed sports teams, having won more than 20 World Series Championships and more than 30 American League pennants. The Yankees own the trademark for the NEW YORK YANKEES (Reg. No. 1,073,346), which was issued to the Yankees by the U.S. Patent and Trademark Office (PTO) on September 13, 1977. Moniker Online Services, Inc. (Moniker) registered the domain name . Moniker operated a commercial website under this domain name where it offered links to third-party commercial websites that sell tickets to Yankees baseball games and sell merchandise bearing the NEW YORK YANKEES trademark without the Yankees permission. The Yankees filed a complaint with the National Arbitration Forum alleging that Moniker had registered the domain in bad faith in violation of the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Dispute Resolution Policy and seeking to obtain the domain name from Moniker. Issue Did Moniker violate the ICANNs Uniform Domain Dispute Resolution Policy (Policy)? Language of the Arbitrator Complaint has sufficiently demonstrated that Monikers domain name is confusingly similar to complainants NEW YORK YANKEES mark. There is no evidence in the record to suggest that Moniker is commonly known by the disputed domain name. Such use by Moniker is indicative of an intent to disrupt the business of the Yankees, and constitutes registration and use of the disputed domain name in bad faith. Decision The arbitrator held that Moniker violated the ICANN Policy and ordered that the domain name be transferred from Moniker to the Yankees. Critical Legal Thinking Questions Did Moniker act ethically in obtaining and using the domain name and website? Do you think that the element of bad faith was shown in this case? Read the paragraph below and discuss if this case would have been settled differently if Moniker was located outside of the U.S. and all web information on servers outside of the U.S. ? Individuals and businesses in most countries of the world are connected to the internet and engage in text messaging, email, social media, and other electronic communications. Currently, no international law governs the internet. Although U.S. law may make certain internet activities illegal, such as internet fraud, these laws do not reach internet sources located outside the United States. Some countries control or censure the use of the internet by its citizens