GoFundMe Inc. v. Razvan Petre
Claim Number: FA2112001977158
Complainant is GoFundMe Inc. (“Complainant”), represented by Gail Podolsky of Carlton Fields, P.A., Georgia, USA. Respondent is Razvan Petre (“Respondent”), Switzerland.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <gobitfundme.com>, registered with NameCheap, Inc..
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Eleni Lappa as Panelist.
Complainant submitted a Complaint to the Forum electronically on December 14, 2021; the Forum received payment on December 14, 2021.
On December 14, 2021, NameCheap, Inc. confirmed by e-mail to the Forum that the <gobitfundme.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 December 15, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 4, 2022 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@gobitfundme.com. Also on December 15, 2021, the Written Notice of the Complaint, notifying Respondent of the e-mail 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.
A timely Response was received and determined to be complete on January 3, 2022.
On January 6, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Eleni Lappa 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
The Complainant mentions that since at least as early as 2010, GoFundMe has owned and operated a platform to connect people in need with others who want to help them financially. For example, when Hurricane Sandy struck the East Coast in 2012, GoFundMe rapidly became a primary gathering place for donating and raising funds for family, friends, loved ones, and strangers alike. GoFundMe campaigns quickly raised more than $1.5 million for those affected by the storm. Similarly, in April 2013, in the aftermath of the Boston Marathon bombing, GoFundMe provided a way for anyone, from anywhere in the world, to contribute to those in vital need of assistance. Within days, GoFundMe’s users had raised more than $3.5 million for Boston Marathon-related causes on the platform. Following the aftermath of the Las Vegas mass shooting in 2017, GoFundMe teamed up with Clark County commissioners to centralize and manage campaigns to raise money for victims. GoFundMe’s campaigns raised well over $11 million dollars. In 2018, GoFundMe mobilized to provide a safe, trusted, and central platform for donors to contribute to the students and teachers of Marjory Stoneman Douglas High School in Parkland, Florida, following the unimaginable tragedy that unfolded there on February 14, 2018, and the GoFundMe campaigns raised over $10 million dollars to support the victims. Following the aftermath of Hurricane Dorian in 2019, GoFundMe campaigns raised over $10 million dollars to support those affected by the storm. In 2020, following the death of George Floyd, GoFundMe campaigns raised over $14.7 million from approximately 125 countries. From March 1, 2020 to August 31, 2020, more than 9 million donations raised $625 million for COVID-19 related hardships.
On May 7, 2015, Respondent registered the domain name <gobitfundme.com>. The DomainTools WHOIS records as of December 14, 2021, for <gobitfundme.com> as registered to Respondent.
B. Respondent
The Respondent mentions that he agrees to transfer the domain name at issue.
Complainant is the owner of incontestable U.S. Federal Trademark Registration No. 4,201,895 for the standard character mark GOFUNDME, in Class 36.
Complainant is the owner of U.S. Trademark Registration No. 5,903,338 for the standard character mark GOFUNDME.ORG, in Class 36.
Complainant is the owner of U.S. Trademark Registration No. 6,069,475 for the standard character mark GOFUNDME in Class 35.
Respondent offered no evidence of any related rights.
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.
The Panel finds that the domain name in dispute comprises of and incorporates in full Complainant’s trademark rights and legitimate interests on the GOFUNDME mark which is the dominant portion of the domain name in dispute. The inclusion of the term “BIT” does not suffice to differentiate it from Complainant’s rights on the contrary the overall impression creates a direct reference to Complainant.
In accordance to the above, the Panel finds that the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights and that the relevant requirement of the Policy Paragraph 4(a)(i) is therefore satisfied.
Complainant has prior registered and unregistered (use-based) rights on the GOFUNDME trademark via several trademark registrations and extensive use. Respondent has offered no evidence of relevant registered or unregistered rights on the mark which, as discussed above is the dominant portion of the domain name in dispute. The requirement of Policy Paragraph 4(a)(ii) is therefore satisfied.
Complainant’s trademark GOFUNDME is quite well-known, due to the many years it has been registered and extensively used online on a global scale, therefore the Respondent knew or should have known of its existence at the time it registered the domain name in dispute <gobitfundme.com> which was therefore registered in bad faith by Respondent, in an effort to attract customers that would reasonably believe the said domain name belongs or is related to Complainant.
In light of the above, the requirement of Policy Paragraph 4(a)(iii) is satisfied.
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <gobitfundme.com> domain name be TRANSFERRED from Respondent to Complainant.
Eleni Lappa Panelist
Dated: January 20, 2022
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