Pryor Cashman client Tidal Music – the artist-owned online music service founded by Shawn Carter (p/k/a/ “Jay Z”), Beyoncé Knowles, Nicki Minaj, Rihanna and Usher, among others – prevailed in a recent arbitration before the World Intellectual Property Organization (“WIPO”) concerning the disputed domain name .

Tidal, an entertainment platform which offers more than 45 million songs, high-definition music videos and curated editorial content to users across 52 countries, initiated the action against the registrants of on the grounds that the domain name was registered in bad faith and unlawfully incorporated the registered “TIDAL” trademark, giving consumers the false impression that the domain was sponsored by or somehow associated with Tidal.

Moreover, Tidal claimed that the registrants of attempted to trade on its goodwill and registered TIDAL mark by intentionally directing visitors to a commercial website that promotes music artists, music events, music videos and music-related services, which are in no way affiliated with or authorized by Tidal.

The Arbitration Panel’s Decision: Unauthorized Use + Bad Faith

In finding in favor of Tidal, the WIPO panel concluded that “the disputed domain name is confusingly similar to the [TIDAL] trademark,” and the registrants “made unauthorized use of the TIDAL mark for [their] own commercial advantage by offering competing internet-based music service.”

“Furthermore,” the panel held, “there is no evidence indicating that the [registrants] intend to make a legitimate noncommercial or fair use of the disputed domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the [TIDAL] trademark.”

Finally, the panel found that the registrants’ use of a privacy service to shield their identity, coupled with the false or incomplete contact information they supplied when registering the domain name amounted to bad faith.

The registrants were ordered to transfer to Tidal.

To read the arbitration panel’s full decision, please click here.

The Pryor Cashman Team

Representing Tidal Music in the arbitration were Pryor Cashman Intellectual Property Chair Brad D. Rose and Associate Ryan Klarberg.