LifeExtension, Inc. v. Alichec Inc. c/o Brett Alichec a/k/a Alex Ovechkin a/k/a Argosweb Corp c/o Oleg Techino a/k/a Balram Brahmin c/o Balram Brahmin a/k/a Belroots Pty Ltd c/o Luis de Carvalho a/k/a Chin-Hui Wu c/o Chin-Hui Wu a/k/a Crystal Image Pty Ltd c/o Antonio Marques a/k/a David Ghou c/o David Ghou a/k/a Denesh Kumar c/o Denesh Kumar a/k/a Denholm Borg c/o Denholm Borg a/k/a Domain Administrator c/o Domain Administrator a/k/a Elarson & Associates Pty Ltd c/o Eric Larson a/k/a Julian Greenberg c/o Julian Greenberg a/k/a Lidnick Webcorp c/o Lidnick Webcorp a/k/a Liquid SEO Limited c/o Julian Greenberg a/k/a Loshedina Inc c/o Xi Na a/k/a Luchichang Pty Ltd a/k/a Marcelos Vainez c/o Marcelos Vainez a/k/a Netmilo Pty Ltd c/o Stoyan Bagdanov a/k/a Orel Hlasek LLC c/o Orel Hlasek a/k/a Vlad Obchikov c/o Vlad Obchikov a/k/a Volchar Pty Ltd c/o Domain Administrator a/k/a Web Pescados LLC c/o Augustine Rivera a/k/a Webatopia Marketing Limited c/o Michael Short a/k/a WuWeb Pty Ltd c/o Michael Chung Wu a/k/a ZincFusion Limited c/o Vivian Cox
Claim Number: FA1007001337664
Complainant is LifeExtension,
Inc. (“Complainant”), represented by
CitizenHawk, Inc.,
REGISTRAR AND DISPUTED DOMAIN
NAMES
The domain names at issue are <lefeextension.com>, <lfieextension.com>, <lifeexrension.com>, <lifeextensi0n.com>, <lifeextensiom.com>, <lifeeaxtension.com>, <lifeextenion.com>, <lifeextenseon.com>, <ljfeextension.com>, <lifeextejsion.com>, <lifedxtension.com>, <lifeextenssion.com>, <lifeextenxion.com>, <lifeexteneion.com>, <lifeixtension.com>, <lifeedtension.com>, <lifeetension.com>, <lifeextensuon.com>, <lfeextension.com>, <lifeaxtension.com>, <lifeextendion.com>, <lifeetxension.com>, <lifeextdnsion.com>, <lifeextensian.com>, <liteextension.com>, <lifeextenzion.com>, <lifeextensionn.com>, <lifeextenwion.com>, <liferxtension.com>, <ifeextension.com>, <lifeextenaion.com>, <lifeextensioon.com>, <lifewxtension.com>, <lieextension.com>, <lifeextensjon.com>, <lifeeztension.com>, <lideextension.com>, <liefextension.com>, <lifeextensipn.com>, <lifeexyension.com>, <lifeexetnsion.com>, <lifeextensiob.com>, <lifeextsnsion.com>, <ligeextension.com>, <ilfeextension.com>, <lifeexfension.com>, <lifeextensiin.com>, <lyfeextension.com>, <lifeextensioj.com>, <lifeextansion.com>, <lifeextensoin.com>, <lifeexxtension.com>, <lifwextension.com>, <lifdextension.com>, <lifeextesnion.com>, <lifeextrnsion.com>, <liifeextension.com>, <lifeeextension.com>, <lifeextensyon.com>, <lifeextnsion.com>, <oifeextension.com>, <lkfeextension.com>, <liceextension.com>, <lifeextensioh.com>, <lifeextnesion.com>, <lifeextwnsion.com>, <lifeextenison.com>, <lifeextinsion.com>, <liffeextension.com>, <lifsextension.com>, <lifaextension.com>, <lifeextemsion.com>, <lifeextennsion.com>, <lifeextebsion.com>, <lifeextensino.com>, <lifeexttension.com>, <lifrextension.com>, <lifeexteension.com>, <lifeextehsion.com>, <lifiextension.com>, <lifeexgension.com>, <lifeextensiln.com>, <lifeextensio.com>, <lufeextension.com>, <lifeextenskon.com>, <lifeexdension.com>, <lifeextensioun.com>, <lifexetension.com>, <lireextension.com>, <kifeextension.com>, <lifeectension.com>, <lifeexension.com>, <lifeextensoon.com>, and <pifeextension.com>, registered with GoDaddy.com, Inc.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Honorable Paul A. Dorf (Ret.) as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on July 27, 2010.
On July 29, 2010, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <lefeextension.com>, <lfieextension.com>, <lifeexrension.com>, <lifeextensi0n.com>, <lifeextensiom.com>, <lifeeaxtension.com>, <lifeextenion.com>, <lifeextenseon.com>, <ljfeextension.com>, <lifeextejsion.com>, <lifedxtension.com>, <lifeextenssion.com>, <lifeextenxion.com>, <lifeexteneion.com>, <lifeixtension.com>, <lifeedtension.com>, <lifeetension.com>, <lifeextensuon.com>, <lfeextension.com>, <lifeaxtension.com>, <lifeextendion.com>, <lifeetxension.com>, <lifeextdnsion.com>, <lifeextensian.com>, <liteextension.com>, <lifeextenzion.com>, <lifeextensionn.com>, <lifeextenwion.com>, <liferxtension.com>, <ifeextension.com>, <lifeextenaion.com>, <lifeextensioon.com>, <lifewxtension.com>, <lieextension.com>, <lifeextensjon.com>, <lifeeztension.com>, <lideextension.com>, <liefextension.com>, <lifeextensipn.com>, <lifeexyension.com>, <lifeexetnsion.com>, <lifeextensiob.com>, <lifeextsnsion.com>, <ligeextension.com>, <ilfeextension.com>, <lifeexfension.com>, <lifeextensiin.com>, <lyfeextension.com>, <lifeextensioj.com>, <lifeextansion.com>, <lifeextensoin.com>, <lifeexxtension.com>, <lifwextension.com>, <lifdextension.com>, <lifeextesnion.com>, <lifeextrnsion.com>, <liifeextension.com>, <lifeeextension.com>, <lifeextensyon.com>, <lifeextnsion.com>, <oifeextension.com>, <lkfeextension.com>, <liceextension.com>, <lifeextensioh.com>, <lifeextnesion.com>, <lifeextwnsion.com>, <lifeextenison.com>, <lifeextinsion.com>, <liffeextension.com>, <lifsextension.com>, <lifaextension.com>, <lifeextemsion.com>, <lifeextennsion.com>, <lifeextebsion.com>, <lifeextensino.com>, <lifeexttension.com>, <lifrextension.com>, <lifeexteension.com>, <lifeextehsion.com>, <lifiextension.com>, <lifeexgension.com>, <lifeextensiln.com>, <lifeextensio.com>, <lufeextension.com>, <lifeextenskon.com>, <lifeexdension.com>, <lifeextensioun.com>, <lifexetension.com>, <lireextension.com>, <kifeextension.com>, <lifeectension.com>, <lifeexension.com>, <lifeextensoon.com>, and <pifeextension.com> domain names are registered with GoDaddy.com, Inc. and that Respondent is the current registrant of the names. GoDaddy.com, Inc. has verified that Respondent is bound by the GoDaddy.com, Inc. registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On August 4, 2010, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 24, 2010 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@lefeextension.com, postmaster@lfieextension.com, postmaster@lifeexrension.com, postmaster@lifeextensi0n.com, postmaster@lifeextensiom.com, postmaster@lifeeaxtension.com, postmaster@lifeextenion.com, postmaster@lifeextenseon.com, postmaster@ljfeextension.com, postmaster@lifeextejsion.com, postmaster@lifedxtension.com, postmaster@lifeextenssion.com, postmaster@lifeextenxion.com, postmaster@lifeexteneion.com, postmaster@lifeixtension.com, postmaster@lifeedtension.com, postmaster@lifeetension.com, postmaster@lifeextensuon.com, postmaster@lfeextension.com, postmaster@lifeaxtension.com, postmaster@lifeextendion.com, postmaster@lifeetxension.com, postmaster@lifeextdnsion.com, postmaster@lifeextensian.com, postmaster@liteextension.com, postmaster@lifeextenzion.com, postmaster@lifeextensionn.com, postmaster@lifeextenwion.com, postmaster@liferxtension.com, postmaster@ifeextension.com, postmaster@lifeextenaion.com, postmaster@lifeextensioon.com, postmaster@lifewxtension.com, postmaster@lieextension.com, postmaster@lifeextensjon.com, postmaster@lifeeztension.com, postmaster@lideextension.com, postmaster@liefextension.com, postmaster@lifeextensipn.com, postmaster@lifeexyension.com, postmaster@lifeexetnsion.com, postmaster@lifeextensiob.com, postmaster@lifeextsnsion.com, postmaster@ligeextension.com, postmaster@ilfeextension.com, postmaster@lifeexfension.com, postmaster@lifeextensiin.com, postmaster@lyfeextension.com, postmaster@lifeextensioj.com, postmaster@lifeextansion.com, postmaster@lifeextensoin.com, postmaster@lifeexxtension.com, postmaster@lifwextension.com, postmaster@lifdextension.com, postmaster@lifeextesnion.com, postmaster@lifeextrnsion.com, postmaster@liifeextension.com, postmaster@lifeeextension.com, postmaster@lifeextensyon.com, postmaster@lifeextnsion.com, postmaster@oifeextension.com, postmaster@lkfeextension.com, postmaster@liceextension.com, postmaster@lifeextensioh.com, postmaster@lifeextnesion.com, postmaster@lifeextwnsion.com, postmaster@lifeextenison.com, postmaster@lifeextinsion.com, postmaster@liffeextension.com, postmaster@lifsextension.com, postmaster@lifaextension.com, postmaster@lifeextemsion.com, postmaster@lifeextennsion.com, postmaster@lifeextebsion.com, postmaster@lifeextensino.com, postmaster@lifeexttension.com, postmaster@lifrextension.com, postmaster@lifeexteension.com, postmaster@lifeextehsion.com, postmaster@lifiextension.com, postmaster@lifeexgension.com, postmaster@lifeextensiln.com, postmaster@lifeextensio.com, postmaster@lufeextension.com, postmaster@lifeextenskon.com, postmaster@lifeexdension.com, postmaster@lifeextensioun.com, postmaster@lifexetension.com, postmaster@lireextension.com, postmaster@kifeextension.com, postmaster@lifeectension.com, postmaster@lifeexension.com, postmaster@lifeextensoon.com, and postmaster@pifeextension.com by e-mail. Also on August 4, 2010, 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 National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On August 31, 2010, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Honorable Paul A. Dorf (Ret.)as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration 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 a Written Notice, as defined in Rule 1. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration 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 names be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <lefeextension.com>, <lfieextension.com>, <lifeexrension.com>, <lifeextensi0n.com>, <lifeextensiom.com>, <lifeeaxtension.com>, <lifeextenion.com>, <lifeextenseon.com>, <ljfeextension.com>, <lifeextejsion.com>, <lifedxtension.com>, <lifeextenssion.com>, <lifeextenxion.com>, <lifeexteneion.com>, <lifeixtension.com>, <lifeedtension.com>, <lifeetension.com>, <lifeextensuon.com>, <lfeextension.com>, <lifeaxtension.com>, <lifeextendion.com>, <lifeetxension.com>, <lifeextdnsion.com>, <lifeextensian.com>, <liteextension.com>, <lifeextenzion.com>, <lifeextensionn.com>, <lifeextenwion.com>, <liferxtension.com>, <ifeextension.com>, <lifeextenaion.com>, <lifeextensioon.com>, <lifewxtension.com>, <lieextension.com>, <lifeextensjon.com>, <lifeeztension.com>, <lideextension.com>, <liefextension.com>, <lifeextensipn.com>, <lifeexyension.com>, <lifeexetnsion.com>, <lifeextensiob.com>, <lifeextsnsion.com>, <ligeextension.com>, <ilfeextension.com>, <lifeexfension.com>, <lifeextensiin.com>, <lyfeextension.com>, <lifeextensioj.com>, <lifeextansion.com>, <lifeextensoin.com>, <lifeexxtension.com>, <lifwextension.com>, <lifdextension.com>, <lifeextesnion.com>, <lifeextrnsion.com>, <liifeextension.com>, <lifeeextension.com>, <lifeextensyon.com>, <lifeextnsion.com>, <oifeextension.com>, <lkfeextension.com>, <liceextension.com>, <lifeextensioh.com>, <lifeextnesion.com>, <lifeextwnsion.com>, <lifeextenison.com>, <lifeextinsion.com>, <liffeextension.com>, <lifsextension.com>, <lifaextension.com>, <lifeextemsion.com>, <lifeextennsion.com>, <lifeextebsion.com>, <lifeextensino.com>, <lifeexttension.com>, <lifrextension.com>, <lifeexteension.com>, <lifeextehsion.com>, <lifiextension.com>, <lifeexgension.com>, <lifeextensiln.com>, <lifeextensio.com>, <lufeextension.com>, <lifeextenskon.com>, <lifeexdension.com>, <lifeextensioun.com>, <lifexetension.com>, <lireextension.com>, <kifeextension.com>, <lifeectension.com>, <lifeexension.com>, <lifeextensoon.com>, and <pifeextension.com> domain names are confusingly similar to Complainant’s LIFE EXTENSION mark.
2. Respondent does not have any rights or legitimate interests in the <lefeextension.com>, <lfieextension.com>, <lifeexrension.com>, <lifeextensi0n.com>, <lifeextensiom.com>, <lifeeaxtension.com>, <lifeextenion.com>, <lifeextenseon.com>, <ljfeextension.com>, <lifeextejsion.com>, <lifedxtension.com>, <lifeextenssion.com>, <lifeextenxion.com>, <lifeexteneion.com>, <lifeixtension.com>, <lifeedtension.com>, <lifeetension.com>, <lifeextensuon.com>, <lfeextension.com>, <lifeaxtension.com>, <lifeextendion.com>, <lifeetxension.com>, <lifeextdnsion.com>, <lifeextensian.com>, <liteextension.com>, <lifeextenzion.com>, <lifeextensionn.com>, <lifeextenwion.com>, <liferxtension.com>, <ifeextension.com>, <lifeextenaion.com>, <lifeextensioon.com>, <lifewxtension.com>, <lieextension.com>, <lifeextensjon.com>, <lifeeztension.com>, <lideextension.com>, <liefextension.com>, <lifeextensipn.com>, <lifeexyension.com>, <lifeexetnsion.com>, <lifeextensiob.com>, <lifeextsnsion.com>, <ligeextension.com>, <ilfeextension.com>, <lifeexfension.com>, <lifeextensiin.com>, <lyfeextension.com>, <lifeextensioj.com>, <lifeextansion.com>, <lifeextensoin.com>, <lifeexxtension.com>, <lifwextension.com>, <lifdextension.com>, <lifeextesnion.com>, <lifeextrnsion.com>, <liifeextension.com>, <lifeeextension.com>, <lifeextensyon.com>, <lifeextnsion.com>, <oifeextension.com>, <lkfeextension.com>, <liceextension.com>, <lifeextensioh.com>, <lifeextnesion.com>, <lifeextwnsion.com>, <lifeextenison.com>, <lifeextinsion.com>, <liffeextension.com>, <lifsextension.com>, <lifaextension.com>, <lifeextemsion.com>, <lifeextennsion.com>, <lifeextebsion.com>, <lifeextensino.com>, <lifeexttension.com>, <lifrextension.com>, <lifeexteension.com>, <lifeextehsion.com>, <lifiextension.com>, <lifeexgension.com>, <lifeextensiln.com>, <lifeextensio.com>, <lufeextension.com>, <lifeextenskon.com>, <lifeexdension.com>, <lifeextensioun.com>, <lifexetension.com>, <lireextension.com>, <kifeextension.com>, <lifeectension.com>, <lifeexension.com>, <lifeextensoon.com>, and <pifeextension.com> domain names.
3. Respondent registered and used the <lefeextension.com>, <lfieextension.com>, <lifeexrension.com>, <lifeextensi0n.com>, <lifeextensiom.com>, <lifeeaxtension.com>, <lifeextenion.com>, <lifeextenseon.com>, <ljfeextension.com>, <lifeextejsion.com>, <lifedxtension.com>, <lifeextenssion.com>, <lifeextenxion.com>, <lifeexteneion.com>, <lifeixtension.com>, <lifeedtension.com>, <lifeetension.com>, <lifeextensuon.com>, <lfeextension.com>, <lifeaxtension.com>, <lifeextendion.com>, <lifeetxension.com>, <lifeextdnsion.com>, <lifeextensian.com>, <liteextension.com>, <lifeextenzion.com>, <lifeextensionn.com>, <lifeextenwion.com>, <liferxtension.com>, <ifeextension.com>, <lifeextenaion.com>, <lifeextensioon.com>, <lifewxtension.com>, <lieextension.com>, <lifeextensjon.com>, <lifeeztension.com>, <lideextension.com>, <liefextension.com>, <lifeextensipn.com>, <lifeexyension.com>, <lifeexetnsion.com>, <lifeextensiob.com>, <lifeextsnsion.com>, <ligeextension.com>, <ilfeextension.com>, <lifeexfension.com>, <lifeextensiin.com>, <lyfeextension.com>, <lifeextensioj.com>, <lifeextansion.com>, <lifeextensoin.com>, <lifeexxtension.com>, <lifwextension.com>, <lifdextension.com>, <lifeextesnion.com>, <lifeextrnsion.com>, <liifeextension.com>, <lifeeextension.com>, <lifeextensyon.com>, <lifeextnsion.com>, <oifeextension.com>, <lkfeextension.com>, <liceextension.com>, <lifeextensioh.com>, <lifeextnesion.com>, <lifeextwnsion.com>, <lifeextenison.com>, <lifeextinsion.com>, <liffeextension.com>, <lifsextension.com>, <lifaextension.com>, <lifeextemsion.com>, <lifeextennsion.com>, <lifeextebsion.com>, <lifeextensino.com>, <lifeexttension.com>, <lifrextension.com>, <lifeexteension.com>, <lifeextehsion.com>, <lifiextension.com>, <lifeexgension.com>, <lifeextensiln.com>, <lifeextensio.com>, <lufeextension.com>, <lifeextenskon.com>, <lifeexdension.com>, <lifeextensioun.com>, <lifexetension.com>, <lireextension.com>, <kifeextension.com>, <lifeectension.com>, <lifeexension.com>, <lifeextensoon.com>, and <pifeextension.com> domain names in bad faith.
B. Respondent failed to submit a Response in this proceeding.
Complainant, LifeExtension, Inc., is a nonprofit organization with the goal of extending the healthy human lifespan. Complainant markets various products and services to consumers, including health supplements, publications, a health advisor line, or a mail-order blood testing program. Complainant owns multiple trademark registrations for the LIFE EXTENSION and related marks with the United States Patent and Trademark Office (“USPTO”):
LIFE EXTENSION MAGAZINE Reg. No. 2,774,262 issued October 21, 2003;
LIFE EXTENSION FOUNDATION Reg. No. 2,924,678 issued February 8, 2005;
LEF Reg. No. 3,273,145 issued August 7, 2007; and
LIFE EXTENSION Reg. No. 3,394,959 issued March 22, 2008.
Respondent registered the disputed domain names on one of the following three dates: June 13, 2007, June 18, 2007, or October 1, 2007. The disputed domain names all redirect to Complainant’s website at the <lef.com> domain name through Complainant’s affiliate program.
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."
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(e), 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 and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).
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 the instant proceedings, Complainant has alleged that the entities which control the domain names at issue are effectively controlled by the same person and/or entity, which is operating under several aliases. Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) provides that a complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” The Panel finds that Complainant has presented sufficient evidence that the disputed domain names are controlled by the same entity and thus chooses to proceed with the instant proceedings.
Complainant owns multiple trademark registrations for the LIFE EXTENSION and related marks with the United States Patent and Trademark Office (“USPTO”):
LIFE EXTENSION MAGAZINE Reg. No. 2,774,262 issued October 21, 2003;
LIFE EXTENSION FOUNDATION Reg. No. 2,924,678 issued February 8, 2005;
LEF Reg. No. 3,273,145 issued August 7, 2007; and
LIFE EXTENSION Reg. No. 3,394,959 issued March 22, 2008.
The Panel finds that Complainant’s registration of its LIFE
EXTENSION mark with the USPTO sufficiently establishes Complainant’s rights in
the mark for the purposes of Policy ¶ 4(a)(i),
regardless of whether Respondent lives or operates in a jurisdiction outside
where the mark is registered. See Bloomberg
L.P. v. Johnston, FA 760084 (Nat. Arb. Forum Oct. 25, 2006) (finding
that the complainant had established rights in the BLOOMBERG mark through
registration with the United States Patent and Trademark Office); see also Renaissance Hotel Holdings, Inc. v.
Renaissance
Complainant alleges that Respondent’s disputed domain names are confusingly similar to Complainant’s LIFE EXTENSION mark because each disputed domain name is merely a typographical error of Complainant’s mark. The disputed domain names each delete the space between the terms, append the generic top-level domain (“gTLD”) “.com” and make one of the following changes to Complainant’s mark: exchanging one letter for a different letter, transposing two letters, deleting a letter, or adding a letter. The Panel finds that minor misspellings that alter Complainant’s mark by only one letter and resemble common typographical errors are insufficient to distinguish the disputed domain names from Complainant’s mark under Policy ¶ 4(a)(i). See Guinness UDV N. Am., Inc. v. Dallas Internet Servs., D2001-1055 (WIPO Dec. 12, 2001) (finding the <smirnof.com> domain name confusingly similar to the complainant’s SMIRNOFF mark because merely removing the letter “f” from the mark was insignificant); see also Internet Movie Database, Inc. v. Temme, FA 449837 (Nat. Arb. Forum May 24, 2005) (finding that the respondent’s disputed domain names were confusingly similar to the complainant’s mark because the disputed domain names were common misspellings of the mark involving keys that were adjacent to the current keys comprising the complainant’s mark). The Panel also finds that deleting the space between the terms of Complainant’s mark and appending the gTLD are insignificant changes without an effect on a Policy ¶ 4(a)(i) analysis. See U.S. News & World Report, Inc. v. Zhongqi, FA 917070 (Nat. Arb. Forum Apr. 9, 2007) (“Elimination of punctuation and the space between the words of Complainant’s mark, as well as the addition of a gTLD does not sufficiently distinguish the disputed domain name from the mark pursuant to Policy ¶ 4(a)(i).”). Thus, the Panel finds that Respondent’s disputed domain names are confusingly similar to Complainant’s LIFE EXTENSION mark according to Policy ¶ 4(a)(i).
The Panel finds Policy ¶ 4(a)(i)
has been satisfied.
In keeping with the requirements of Policy ¶ 4(a)(ii), Complainant has presented a sufficient prima facie case against Respondent’s rights and legitimate interests in the disputed domain name. As a result, the burden to demonstrate rights and legitimate interests shifted to Respondent. In failing to respond to the Complaint, however, Respondent has not satisfied this burden or demonstrated any rights and legitimate interests in the disputed domain names. The Panel thus finds that Complainant’s allegations stand uncontested and that Respondent lacks rights and legitimate interests in the disputed domain names pursuant to Policy ¶ 4(a)(ii). See Banco do Brasil S.A. v. Sync Tech., D2000-0727 (WIPO Sept. 1, 2000) (“By its default, Respondent has not contested the allegation . . . that the Respondent lacks any rights or legitimate interests in the domain name. The Panel thus assumes that there was no other reason for the Respondent having registered <bancodobrasil.com> but the presumably known existence of the Complainant’s mark BANCO DO BRASIL.”); see also Geocities v. Geociites.com, D2000-0326 (WIPO June 19, 2000) (finding that the respondent has no rights or legitimate interests in the domain name because the respondent never submitted a response or provided the panel with evidence to suggest otherwise). The Panel elects to consider the evidence in record, however, in light of the Policy ¶ 4(c) in order to make a complete determination on whether Respondent possesses rights and legitimate interests in the disputed domain names.
Complainant argues that Respondent is not commonly known by
the disputed domain names. Complainant
also asserts that Respondent is not affiliated with or sponsored by Complainant
and does not have permission from Complainant to use Complainant’s mark. The WHOIS information for the disputed domain
names does not reflect any association between Respondent and the disputed
domain names. The Panel accordingly
finds that Respondent is not commonly known by the disputed domain names and
does not possess rights and legitimate interests in the disputed domain names
pursuant to Policy ¶ 4(c)(ii). See Coppertown
Drive-Thru Sys., LLC v.
Snowden, FA 715089 (Nat.
Arb. Forum July 17, 2006) (concluding that the respondent was not
commonly known by the <coppertown.com> domain name where there was no
evidence in the record, including the WHOIS information, suggesting that the
respondent was commonly known by the disputed domain name); see also
Complainant contends that Respondent does not possess rights
and legitimate interests in the disputed domain names because Respondent is
using the disputed domain names to redirect to Complainant’s website through
Complainant’s affiliate program. The
Panel finds that using Complainant’s mark without authorization in domain names
that redirect to Complainant’s website in order to receive an affiliate program
commission is not a bona fide
offering of goods or services according to Policy ¶ 4(c)(i) or a legitimate
noncommercial or fair use pursuant to Policy ¶ 4(c)(iii). See Deluxe Corp. v.
Complainant alleges that Respondent intentionally registered domain names containing misspelled versions of Complainant’s mark in order to capture unknowing Internet users who make typing mistakes when searching for Complainant. The Panel finds that such behavior constitutes typosquatting, which is evidence of a lack of rights and legitimate interests under Policy ¶ 4(a)(ii). See LTD Commodities LLC v. Party Night, Inc., FA 165155 (Nat. Arb. Forum Aug. 14, 2003) (finding that the <ltdcommadities.com>, <ltdcommmodities.com>, and <ltdcommodaties.com> domain names were intentional misspellings of Complainant's LTD COMMODITIES mark and this “‘typosquatting’ is evidence that Respondent lacks rights or legitimate interests in the disputed domain names”); see also IndyMac Bank F.S.B. v. Ebeyer, FA 175292 (Nat. Arb. Forum Sept. 19, 2003) (finding that the respondent lacked rights and legitimate interests in the disputed domain names because it “engaged in the practice of typosquatting by taking advantage of Internet users who attempt to access Complainant's <indymac.com> website but mistakenly misspell Complainant's mark by typing the letter ‘x’ instead of the letter ‘c’”).
The Panel finds Policy ¶ 4(a)(ii)
has been satisfied.
Complainant alleges that Respondent uses the disputed domain
names as part of Complainant’s affiliate program to redirect Internet users to
Complainant’s own site and earn an affiliate commission. Complainant argues that Respondent’s use of
misspelled versions of Complainant’s mark attracts and confuses Internet users
who might not realize that they have made a typographical error and are being
redirected to Complainant through Respondent.
The Panel finds that appropriating Complainant’s mark and misusing
Complainant’s affiliate program to profit through affiliate commissions
demonstrates bad faith registration and use according to Policy ¶ 4(b)(iv). See Cricket Commc’ns, Inc. v.
Oliver, FA 954005 (Nat. Arb.
Forum May 29, 2007) (finding bad faith registration and use where the
respondent registered domain names containing the complainant’s mark after
enrolling in the complainant’s affiliate program); see also Sports
The Panel has previously concluded that Respondent is involved in the practice of typosquatting by registering these disputed domain names which contain confusingly similar variations of Complainant’s mark. The Panel finds that typosquatting is evidence in itself of bad faith registration and use under Policy ¶ 4(a)(iii). See Nextel Commc’ns Inc. v. Geer, FA 477183 (Nat. Arb. Forum July 15, 2005) (finding that the respondent’s registration and use of the <nextell.com> domain name was in bad faith because the domain name epitomized typosquatting in its purest form); see also The Vanguard Group, Inc. v. IQ Mgmt. Corp., FA 328127 (Nat. Arb. Forum Oct. 28, 2004) (“By engaging in typosquatting, [r]espondent has registered and used the <vangard.com> domain name in bad faith pursuant to Policy ¶ 4(a)(iii).”).
The Panel finds Policy ¶ 4(a)(iii)
has been 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 <lefeextension.com>, <lfieextension.com>, <lifeexrension.com>, <lifeextensi0n.com>, <lifeextensiom.com>, <lifeeaxtension.com>, <lifeextenion.com>, <lifeextenseon.com>, <ljfeextension.com>, <lifeextejsion.com>, <lifedxtension.com>, <lifeextenssion.com>, <lifeextenxion.com>, <lifeexteneion.com>, <lifeixtension.com>, <lifeedtension.com>, <lifeetension.com>, <lifeextensuon.com>, <lfeextension.com>, <lifeaxtension.com>, <lifeextendion.com>, <lifeetxension.com>, <lifeextdnsion.com>, <lifeextensian.com>, <liteextension.com>, <lifeextenzion.com>, <lifeextensionn.com>, <lifeextenwion.com>, <liferxtension.com>, <ifeextension.com>, <lifeextenaion.com>, <lifeextensioon.com>, <lifewxtension.com>, <lieextension.com>, <lifeextensjon.com>, <lifeeztension.com>, <lideextension.com>, <liefextension.com>, <lifeextensipn.com>, <lifeexyension.com>, <lifeexetnsion.com>, <lifeextensiob.com>, <lifeextsnsion.com>, <ligeextension.com>, <ilfeextension.com>, <lifeexfension.com>, <lifeextensiin.com>, <lyfeextension.com>, <lifeextensioj.com>, <lifeextansion.com>, <lifeextensoin.com>, <lifeexxtension.com>, <lifwextension.com>, <lifdextension.com>, <lifeextesnion.com>, <lifeextrnsion.com>, <liifeextension.com>, <lifeeextension.com>, <lifeextensyon.com>, <lifeextnsion.com>, <oifeextension.com>, <lkfeextension.com>, <liceextension.com>, <lifeextensioh.com>, <lifeextnesion.com>, <lifeextwnsion.com>, <lifeextenison.com>, <lifeextinsion.com>, <liffeextension.com>, <lifsextension.com>, <lifaextension.com>, <lifeextemsion.com>, <lifeextennsion.com>, <lifeextebsion.com>, <lifeextensino.com>, <lifeexttension.com>, <lifrextension.com>, <lifeexteension.com>, <lifeextehsion.com>, <lifiextension.com>, <lifeexgension.com>, <lifeextensiln.com>, <lifeextensio.com>, <lufeextension.com>, <lifeextenskon.com>, <lifeexdension.com>, <lifeextensioun.com>, <lifexetension.com>, <lireextension.com>, <kifeextension.com>, <lifeectension.com>, <lifeexension.com>, <lifeextensoon.com>>, and <pifeextension.com> domain names be TRANSFERRED from Respondent to Complainant.
Honorable Paul A. Dorf (Ret.), Panelist
Dated: September 13, 2010
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page
National
Arbitration Forum