The Raine Group LLC v. reinefinance036 ltd
Claim Number: FA2101001928554
Complainant is The Raine Group LLC ("Complainant"), represented by Bradley L. Cohn of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Illinois, USA. Respondent is reinefinance036 ltd ("Respondent"), Kenya.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <rainefinance.com>, registered with Hosting Concepts B.V. d/b/a Openprovider.
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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to the Forum electronically on January 15, 2021; the Forum received payment on January 15, 2021.
On January 18, 2021, Hosting Concepts B.V. d/b/a Openprovider confirmed by email to the Forum that the <rainefinance.com> domain name is registered with Hosting Concepts B.V. d/b/a Openprovider and that Respondent is the current registrant of the name. Hosting Concepts B.V. d/b/a Openprovider has verified that Respondent is bound by the Hosting Concepts B.V. d/b/a Openprovider 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 January 19, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 8, 2021 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@rainefinance.com. Also on January 19, 2021, the Written Notice of the Complaint, notifying Respondent of the email 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, the Forum transmitted to the parties a Notification of Respondent Default.
On February 13, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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, the Forum's Supplemental Rules, and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant provides financial services on a global basis under the RAINE name and trademark, maintaining offices in London, Shanghai, Mumbai, New York, Los Angeles, and San Francisco. Complainant owns a United States trademark registration for RAINE in standard character form, issued in 2014 and reflecting a first use date of 2009. Complainant also owns comparable trademark registrations in the European Union and many other jurisdictions, and additionally claims common law rights in the RAINE mark.
Respondent registered the disputed domain name <rainefinance.com> in October 2020. The domain name is being used for a website that purports to offer financial services under the name "Raine Finance LLC." Complainant asserts that "Raine Finance LLC" is a fraudulent operation that does not exist beyond Respondent's domain name and website. The Terms and Conditions page on Respondent's website states as follows:
Raine Finance LLC is Established in the year 2018, and registered with the The Registrar of companies for England and Wales, with Company Number; 12201585 and also Registered with Financial Industry Regulatory Authority and Security and Exchange Commission ; CRD#: 172595/SEC#: 8-69513.
Complainant contends that the above registration numbers actually belong to other companies, none of which has "Raine" in its name. Complainant also identifies other inaccurate or inconsistent information on Respondent's website, including what appears to be a false or invalid telephone number and physical address.
Complainant contends on the above grounds that the disputed domain name <rainefinance.com> is confusingly similar to its RAINE mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted 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 Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").
The disputed domain name <rainefinance.com> incorporates Complainant's registered RAINE trademark, adding the generic term "finance" (which describes Complainant's business) and the ".com" top-level domain. These additions do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Compagnie Generale de Location d’Equipements v. Domain Administrator d/b/a privacy.cloudns.net, D2020-1400 (WIPO July 29, 2020) (finding <sefiafinance.com> confusingly similar to SEFIA). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.
Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006).
The disputed domain name incorporates Complainant's registered mark without authorization, and it is being used for a website that purports to promote financial services on behalf of a likely nonexistent company. In addition to the false information and inconsistencies noted by Complainant, the Panel notes that the registration data for the disputed domain name misspells "Raine" and places Respondent in a country that does not match any of the locations listed on Respondent's website.
Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name.
Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of [Respondent's] web site or location or of a product or service on [Respondent's] web site or location."
The disputed domain name incorporates Complainant's mark and is being used for a website that purports to offer financial services under the name "Raine Finance LLC." Complainant has alleged, with substantial evidentiary support, that this a fraudulent operation that does not exist beyond Respondent's domain name and website, and Respondent has failed to respond to these allegations. Under the circumstances, the Panel considers it reasonable to infer that Respondent registered the disputed domain name with the intent to target Complainant and is using it in an attempt to disrupt Complainant's business or otherwise profit by creating and exploiting confusion with Complainant's mark. The Panel finds that the disputed domain name was registered and is being used in bad faith.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <rainefinance.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: February 15, 2021
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