CheapCaribbean.com, Inc. v. Belroots Pty Ltd c/o Luis de Carvalho a/k/a Chin-Hui Wu c/o Chin-Hui Wu a/k/a Domain Administrator a/k/a ZincFusion Limited c/o Vivian Cox
Claim Number: FA1007001337668
Complainant is CheapCaribbean.com,
Inc. (“Complainant”), represented by CitizenHawk,
Inc.,
REGISTRAR AND DISPUTED DOMAIN
NAMES
The domain names at issue are <cgeapcaribbean.com>, <chaapcaribbean.com>, <cheapcairbbean.com>, <cheapcaribbaan.com>, <cheapcaribbsan.com>, <cheapcaribhean.com>, <cheapcaripbean.com>, <cheapcarivbean.com>, <cheapcarjbbean.com>, <cheapcearibbean.com>, <cheapdaribbean.com>, <chsapcaribbean.com>, <cneapcaribbean.com>, <dheapcaribbean.com>, <hceapcaribbean.com>, <caeapcaribbean.com>, <ch3apcaribbean.com>, <cheacparibbean.com>, <chealcaribbean.com>, <cheapcadibbean.com>, <cheapcaribb3an.com>, <cheapcaribbeah.com>, <cheapcaribpean.com>, <cheapcaribvean.com>, <cheapcarihbean.com>, <cheapcarobbean.com>, <cheapvaribbean.com>, <cueapcaribbean.com>, <vheapcaribbean.com>, <ceheapcaribbean.com>, <chdapcaribbean.com>, <cheapcaribbdan.com>, <cheapcaribbeaj.com>, <cheapcaribbran.com>, <cheapcaribgean.com>, <cheapcarinbean.com>, <cheapcarybbean.com>, <cheapcatibbean.com>, <cheapcraibbean.com>, <cheapsaribbean.com>, <cheapxaribbean.com>, <chiapcaribbean.com>, <cjeapcaribbean.com>, <xheapcaribbean.com>, <cbeapcaribbean.com>, <cehapcaribbean.com>, <chea0caribbean.com>, <cheapcafibbean.com>, <cheapcaribbeab.com>, <cheapcaribbwan.com>, <cheapcaribeban.com>, <cheapcaribebean.com>, <cheapcaribnean.com>, <cheapcarigbean.com>, <cheapcarubbean.com>, <cheapfaribbean.com>, <chwapcaribbean.com>, <cyeapcaribbean.com>, and <fheapcaribbean.com>, registered with GoDaddy.com, Inc.
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.
Honorable Karl V. Fink (Ret.) as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on July 27, 2010.
On July 28, 2010, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <cgeapcaribbean.com>, <chaapcaribbean.com>, <cheapcairbbean.com>, <cheapcaribbaan.com>, <cheapcaribbsan.com>, <cheapcaribhean.com>, <cheapcaripbean.com>, <cheapcarivbean.com>, <cheapcarjbbean.com>, <cheapcearibbean.com>, <cheapdaribbean.com>, <chsapcaribbean.com>, <cneapcaribbean.com>, <dheapcaribbean.com>, <hceapcaribbean.com>, <caeapcaribbean.com>, <ch3apcaribbean.com>, <cheacparibbean.com>, <chealcaribbean.com>, <cheapcadibbean.com>, <cheapcaribb3an.com>, <cheapcaribbeah.com>, <cheapcaribpean.com>, <cheapcaribvean.com>, <cheapcarihbean.com>, <cheapcarobbean.com>, <cheapvaribbean.com>, <cueapcaribbean.com>, <vheapcaribbean.com>, <ceheapcaribbean.com>, <chdapcaribbean.com>, <cheapcaribbdan.com>, <cheapcaribbeaj.com>, <cheapcaribbran.com>, <cheapcaribgean.com>, <cheapcarinbean.com>, <cheapcarybbean.com>, <cheapcatibbean.com>, <cheapcraibbean.com>, <cheapsaribbean.com>, <cheapxaribbean.com>, <chiapcaribbean.com>, <cjeapcaribbean.com>, <xheapcaribbean.com>, <cbeapcaribbean.com>, <cehapcaribbean.com>, <chea0caribbean.com>, <cheapcafibbean.com>, <cheapcaribbeab.com>, <cheapcaribbwan.com>, <cheapcaribeban.com>, <cheapcaribebean.com>, <cheapcaribnean.com>, <cheapcarigbean.com>, <cheapcarubbean.com>, <cheapfaribbean.com>, <chwapcaribbean.com>, <cyeapcaribbean.com>, and <fheapcaribbean.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 3, 2010, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 23, 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@cgeapcaribbean.com, postmaster@chaapcaribbean.com, postmaster@cheapcairbbean.com, postmaster@cheapcaribbaan.com, postmaster@cheapcaribbsan.com, postmaster@cheapcaribhean.com, postmaster@cheapcaripbean.com, postmaster@cheapcarivbean.com, postmaster@cheapcarjbbean.com, postmaster@cheapcearibbean.com, postmaster@cheapdaribbean.com, postmaster@chsapcaribbean.com, postmaster@cneapcaribbean.com, postmaster@dheapcaribbean.com, postmaster@hceapcaribbean.com, postmaster@caeapcaribbean.com, postmaster@ch3apcaribbean.com, postmaster@cheacparibbean.com, postmaster@chealcaribbean.com, postmaster@cheapcadibbean.com, postmaster@cheapcaribb3an.com, postmaster@cheapcaribbeah.com, postmaster@cheapcaribpean.com, postmaster@cheapcaribvean.com, postmaster@cheapcarihbean.com, postmaster@cheapcarobbean.com, postmaster@cheapvaribbean.com, postmaster@cueapcaribbean.com, postmaster@vheapcaribbean.com, postmaster@ceheapcaribbean.com, postmaster@chdapcaribbean.com, postmaster@cheapcaribbdan.com, postmaster@cheapcaribbeaj.com, postmaster@cheapcaribbran.com, postmaster@cheapcaribgean.com, postmaster@cheapcarinbean.com, postmaster@cheapcarybbean.com, postmaster@cheapcatibbean.com, postmaster@cheapcraibbean.com, postmaster@cheapsaribbean.com, postmaster@cheapxaribbean.com, postmaster@chiapcaribbean.com, postmaster@cjeapcaribbean.com, postmaster@xheapcaribbean.com, postmaster@cbeapcaribbean.com, postmaster@cehapcaribbean.com, postmaster@chea0caribbean.com, postmaster@cheapcafibbean.com, postmaster@cheapcaribbeab.com, postmaster@cheapcaribbwan.com, postmaster@cheapcaribeban.com, postmaster@cheapcaribebean.com, postmaster@cheapcaribnean.com, postmaster@cheapcarigbean.com, postmaster@cheapcarubbean.com, postmaster@cheapfaribbean.com, postmaster@chwapcaribbean.com, postmaster@cyeapcaribbean.com, and postmaster@fheapcaribbean.com by e-mail. Also on August 3, 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 Karl V. Fink (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.
PRELIMINARY ISSUE: MULTIPLE RESPONDENTS
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 has determined that a single entity
controls the disputed domain names based on the common registration information
and the evidence that Complainant provided linking the disputed domain names
through the same pay-per-click website service and redirect mechanism.
A. Complainant makes the following assertions:
1. Respondent’s <cgeapcaribbean.com>, <chaapcaribbean.com>, <cheapcairbbean.com>, <cheapcaribbaan.com>, <cheapcaribbsan.com>, <cheapcaribhean.com>, <cheapcaripbean.com>, <cheapcarivbean.com>, <cheapcarjbbean.com>, <cheapcearibbean.com>, <cheapdaribbean.com>, <chsapcaribbean.com>, <cneapcaribbean.com>, <dheapcaribbean.com>, <hceapcaribbean.com>, <caeapcaribbean.com>, <ch3apcaribbean.com>, <cheacparibbean.com>, <chealcaribbean.com>, <cheapcadibbean.com>, <cheapcaribb3an.com>, <cheapcaribbeah.com>, <cheapcaribpean.com>, <cheapcaribvean.com>, <cheapcarihbean.com>, <cheapcarobbean.com>, <cheapvaribbean.com>, <cueapcaribbean.com>, <vheapcaribbean.com>, <ceheapcaribbean.com>, <chdapcaribbean.com>, <cheapcaribbdan.com>, <cheapcaribbeaj.com>, <cheapcaribbran.com>, <cheapcaribgean.com>, <cheapcarinbean.com>, <cheapcarybbean.com>, <cheapcatibbean.com>, <cheapcraibbean.com>, <cheapsaribbean.com>, <cheapxaribbean.com>, <chiapcaribbean.com>, <cjeapcaribbean.com>, <xheapcaribbean.com>, <cbeapcaribbean.com>, <cehapcaribbean.com>, <chea0caribbean.com>, <cheapcafibbean.com>, <cheapcaribbeab.com>, <cheapcaribbwan.com>, <cheapcaribeban.com>, <cheapcaribebean.com>, <cheapcaribnean.com>, <cheapcarigbean.com>, <cheapcarubbean.com>, <cheapfaribbean.com>, <chwapcaribbean.com>, <cyeapcaribbean.com>, and <fheapcaribbean.com> domain names are confusingly similar to Complainant’s CHEAPCARIBBEAN.COM mark.
2. Respondent does not have any rights or legitimate interests in the <cgeapcaribbean.com>, <chaapcaribbean.com>, <cheapcairbbean.com>, <cheapcaribbaan.com>, <cheapcaribbsan.com>, <cheapcaribhean.com>, <cheapcaripbean.com>, <cheapcarivbean.com>, <cheapcarjbbean.com>, <cheapcearibbean.com>, <cheapdaribbean.com>, <chsapcaribbean.com>, <cneapcaribbean.com>, <dheapcaribbean.com>, <hceapcaribbean.com>, <caeapcaribbean.com>, <ch3apcaribbean.com>, <cheacparibbean.com>, <chealcaribbean.com>, <cheapcadibbean.com>, <cheapcaribb3an.com>, <cheapcaribbeah.com>, <cheapcaribpean.com>, <cheapcaribvean.com>, <cheapcarihbean.com>, <cheapcarobbean.com>, <cheapvaribbean.com>, <cueapcaribbean.com>, <vheapcaribbean.com>, <ceheapcaribbean.com>, <chdapcaribbean.com>, <cheapcaribbdan.com>, <cheapcaribbeaj.com>, <cheapcaribbran.com>, <cheapcaribgean.com>, <cheapcarinbean.com>, <cheapcarybbean.com>, <cheapcatibbean.com>, <cheapcraibbean.com>, <cheapsaribbean.com>, <cheapxaribbean.com>, <chiapcaribbean.com>, <cjeapcaribbean.com>, <xheapcaribbean.com>, <cbeapcaribbean.com>, <cehapcaribbean.com>, <chea0caribbean.com>, <cheapcafibbean.com>, <cheapcaribbeab.com>, <cheapcaribbwan.com>, <cheapcaribeban.com>, <cheapcaribebean.com>, <cheapcaribnean.com>, <cheapcarigbean.com>, <cheapcarubbean.com>, <cheapfaribbean.com>, <chwapcaribbean.com>, <cyeapcaribbean.com>, and <fheapcaribbean.com> domain names.
3. Respondent registered and used the <cgeapcaribbean.com>, <chaapcaribbean.com>, <cheapcairbbean.com>, <cheapcaribbaan.com>, <cheapcaribbsan.com>, <cheapcaribhean.com>, <cheapcaripbean.com>, <cheapcarivbean.com>, <cheapcarjbbean.com>, <cheapcearibbean.com>, <cheapdaribbean.com>, <chsapcaribbean.com>, <cneapcaribbean.com>, <dheapcaribbean.com>, <hceapcaribbean.com>, <caeapcaribbean.com>, <ch3apcaribbean.com>, <cheacparibbean.com>, <chealcaribbean.com>, <cheapcadibbean.com>, <cheapcaribb3an.com>, <cheapcaribbeah.com>, <cheapcaribpean.com>, <cheapcaribvean.com>, <cheapcarihbean.com>, <cheapcarobbean.com>, <cheapvaribbean.com>, <cueapcaribbean.com>, <vheapcaribbean.com>, <ceheapcaribbean.com>, <chdapcaribbean.com>, <cheapcaribbdan.com>, <cheapcaribbeaj.com>, <cheapcaribbran.com>, <cheapcaribgean.com>, <cheapcarinbean.com>, <cheapcarybbean.com>, <cheapcatibbean.com>, <cheapcraibbean.com>, <cheapsaribbean.com>, <cheapxaribbean.com>, <chiapcaribbean.com>, <cjeapcaribbean.com>, <xheapcaribbean.com>, <cbeapcaribbean.com>, <cehapcaribbean.com>, <chea0caribbean.com>, <cheapcafibbean.com>, <cheapcaribbeab.com>, <cheapcaribbwan.com>, <cheapcaribeban.com>, <cheapcaribebean.com>, <cheapcaribnean.com>, <cheapcarigbean.com>, <cheapcarubbean.com>, <cheapfaribbean.com>, <chwapcaribbean.com>, <cyeapcaribbean.com>, and <fheapcaribbean.com> domain names in bad faith.
B. Respondent failed to submit a Response in this proceeding.
Complainant, CheapCaribbean.com, Inc.,
holds a trademark registration with the United States Patent and Trademark
Office (“USPTO”) for its CHEAPCARIBBEAN.COM mark (e.g., Reg. No. 3,316,639 issued October 23, 2007; filed February 7,
2007). Complainant began operation in
December of 2000 and offers travel services in the Caribbean and
Respondent registered the disputed domain names on August 24, 2006. The disputed domain names resolve to websites containing hyperlinks to Complainant’s competitors.
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.
Complainant holds a trademark registration with the USPTO for its CHEAPCARIBBEAN.COM mark (e.g., Reg. No. 3,316,639 issued October 23, 2007; filed February 7, 2007). The Panel finds that Complainant has established rights in its CHEAPCARIBBEAN.COM mark under Policy ¶ 4(a)(i) dating back to February 7, 2007. See Microsoft Corp. v. Burkes, FA 652743 (Nat. Arb. Forum Apr. 17, 2006) (“Complainant has established rights in the MICROSOFT mark through registration of the mark with the USPTO.”); see also Koninklijke KPN N.V. v. Telepathy Inc., D2001-0217 (WIPO May 7, 2001) (finding that the Policy does not require that the mark be registered in the country in which the respondent operates; therefore it is sufficient that the complainant can demonstrate a mark in some jurisdiction); see also Phoenix Mortgage Corp. v. Toggas, D2001-0101 (WIPO Mar. 30, 2001) (“The effective date of Complainant's federal rights is . . . the filing date of its issued registration. Although it might be possible to establish rights prior to that date based on use, Complainant has submitted insufficient evidence to prove common law rights before the filing date of its federal registration.”).
Complainant’s trademark registration lists the first use of
Complainant’s CHEAPCARIBBEAN.COM mark on December 10, 2000. Complainant has provided online travel and
telephone resort vacation packages in the Caribbean and
Complainant contends Respondent’s disputed domain names are confusingly similar to Complainant’s CHEAPCARIBBEAN.COM mark. Respondent’s disputed domain names contain misspelled versions of Complainant’s mark by replacing letters with different letters, transposing letters, adding letters, and adding numbers. See Intelius, Inc. v. Hyn, FA 703175 (Nat. Arb. Forum July 5, 2006) (finding the <intellus.com> domain name to be confusingly similar to the complainant’s INTELIUS mark because the domain name differed from the mark by one letter and was visually similar); see also Google, Inc. v. DktBot.org, FA 286993 (Nat. Arb. Forum Aug. 4, 2004) (“The mere addition of a single letter to the complainant’s mark does not remove the respondent’s domain names from the realm of confusing similarity in relation to the complainant’s mark pursuant to Policy ¶ 4(a)(i).”); see also Am. Online Inc. v. Chinese ICQ Network, D2000-0808 (WIPO Aug. 31, 2000) (finding that the addition of the numeral 4 in the domain name <4icq.com> does nothing to deflect the impact on the viewer of the mark ICQ and is therefore confusingly similar); see also Wyndham IP Corp. v. LaPorte Holdings, Inc., FA 373545 (Nat. Arb. Forum Jan. 17, 2005) (finding the <wynhdam.com> and <wyandham.com> domain names to be confusingly similar to the complainant’s WYNDHAM mark because the domain names merely transposed letters in the mark). The Panel finds these misspellings fail to adequately distinguish the disputed domain names from Complainant’s mark. Therefore, the Panel concludes that Respondent’s disputed domain names are confusingly similar to Complainant’s CHEAPCARIBBEAN.COM mark under Policy ¶ 4(a)(i).
The Panel finds Policy ¶ 4(a)(i) has been satisfied.
Complainant has alleged that Respondent does not have any
rights or legitimate interests in the disputed domain names. Once Complainant makes a prima facie case in support of its allegations, the burden shifts
to Respondent to prove that it does have rights or legitimate interests
pursuant to Policy ¶ 4(a)(ii). The Panel finds Complainant has made a
sufficient prima facie case. Due to Respondent’s failure to respond to the
Complaint, the Panel may assume that Respondent does not have rights or
legitimate interests in the disputed domain names. However, the Panel will examine the record to
determine whether Respondent has rights or legitimate interests in the disputed
domain names under Policy ¶ 4(c). See Intel Corp. v. Macare, FA 660685 (Nat. Arb. Forum
Apr. 26, 2006) (finding the “complainant must first make a prima facie case
that [the] respondent lacks rights and legitimate interests in the disputed
domain names under Policy ¶ 4(a)(ii), and then the
burden shifts to [the] respondent to show it does have rights or legitimate
interests.”); see also Bank of Am. Corp. v. McCall, FA 135012 (Nat. Arb. Forum Dec. 31, 2002) (“Respondent's
failure to respond not only results in its failure to meet its burden, but also
will be viewed as evidence itself that Respondent lacks rights and legitimate
interests in the disputed domain name.”).
Respondent has offered no evidence, and there is no evidence in the record, suggesting that Respondent is commonly known by the disputed domain names. Complainant asserts that Respondent is not authorized to use the CHEAPCARIBBEAN.COM mark. Complainant contends that Respondent is not sponsored or legitimately affiliated with Complainant in any way. Complainant further asserts that Respondent is not sponsored or legitimately affiliated with Complainant in any way. The WHOIS information does not provide a connection between the domain name registrant information and the disputed domain names. Therefore, the Panel finds that Respondent has not established rights or legitimate interests in the disputed domain names pursuant to Policy ¶ 4(c)(ii). See Tercent Inc. v. Lee Yi, FA 139720 (Nat. Arb. Forum Feb. 10, 2003) (stating “nothing in Respondent’s WHOIS information implies that Respondent is ‘commonly known by’ the disputed domain name” as one factor in determining that Policy ¶ 4(c)(ii) does not apply); see also St. Lawrence Univ. v. Nextnet Tech, FA 881234 (Nat. Arb. Forum Feb. 21, 2007) (concluding a respondent has no rights or legitimate interests in a disputed domain name where there was no evidence in the record indicating that the respondent was commonly known by the disputed domain name).
Complainant contends Respondent’s disputed domain names resolve to websites featuring hyperlink directories relating to Complainant’s competitors in the travel services industry. The Panel infers Respondent receives click-through fees for this use of the disputed domain names. The Panel concludes Respondent’s use of these confusingly similar disputed domain names is not a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use of the domain name under Policy ¶ 4(c)(iii). See Vance Int’l, Inc. v. Abend, FA 970871 (Nat. Arb. Forum June 8, 2007) (concluding that the operation of a pay-per-click website at a confusingly similar domain name does not represent a bona fide offering of goods or services or a legitimate noncommercial or fair use, regardless of whether or not the links resolve to competing or unrelated websites or if the respondent is itself commercially profiting from the click-through fees); see also ALPITOUR S.p.A. v. Albloushi, FA 888651 (Nat. Arb. Forum Feb. 26, 2007) (rejecting the respondent’s contention of rights and legitimate interests in the <bravoclub.com> domain name because the respondent was merely using the domain name to operate a website containing links to various competing commercial websites, which the panel did not find to be a use in connection with a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii)).
In addition, Complainant claims Respondent’s use of the
disputed domain names constitutes typosquatting. The Panel finds that Respondent’s use of
domain names that are common misspellings of the CHEAPCARIBBEAN.COM mark
constitutes typosquatting. The Panel
holds that Respondent’s use of the typosquatted domain names to redirect
Internet users seeking Complainant’s website fails to establish rights or
interests pursuant to Policy ¶ 4(a)(ii). See Microsoft Corp. v. Domain
Registration
The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.
Respondent’s disputed domain names resolve to websites
containing hyperlink directories that relate to Complainant’s competitors in
the travel services industry. Internet
users interested in Complainant and Complainant’s Mexican and
The Panel infers Respondent receives click-through fees from the aforementioned hyperlinks. Internet users may become confused as to Complainant’s affiliation with, and sponsorship of, the disputed domain names and resolving websites. Respondent attempts to profit from this confusion. The Panel finds Respondent’s use of confusingly similar disputed domain names for this purpose constitutes bad faith registration and use under Policy ¶ 4(b)(iv). See Zee TV USA, Inc. v. Siddiqi, FA 721969 (Nat. Arb. Forum July 18, 2006) (finding that the respondent engaged in bad faith registration and use by using a domain name that was confusingly similar to the complainant’s mark to offer links to third-party websites that offered services similar to those offered by the complainant); see also Allianz of Am. Corp. v. Bond, FA 680624 (Nat. Arb. Forum June 2, 2006) (finding bad faith registration and use under Policy ¶ 4(b)(iv) where the respondent was diverting Internet users searching for the complainant to its own website and likely profiting).
The Panel has previously determined that Respondent’s disputed domain names are typosquatted versions of Complainant’s CHEAPCARIBBEAN.COM mark. Therefore, the Panel finds Respondent’s use of the disputed domain names constitutes bad faith registration and use pursuant to Policy ¶ 4(a)(iii). See 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).”); see also Black & Decker Corp. v. Khan, FA 137223 (Nat. Arb. Forum Feb. 3, 2003) (finding the <wwwdewalt.com> domain name was registered to “ensnare those individuals who forget to type the period after the ‘www’ portion of [a] web-address,” which was evidence that the domain name was registered and used in bad faith).
The Panel finds that 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 <cgeapcaribbean.com>, <chaapcaribbean.com>, <cheapcairbbean.com>, <cheapcaribbaan.com>, <cheapcaribbsan.com>, <cheapcaribhean.com>, <cheapcaripbean.com>, <cheapcarivbean.com>, <cheapcarjbbean.com>, <cheapcearibbean.com>, <cheapdaribbean.com>, <chsapcaribbean.com>, <cneapcaribbean.com>, <dheapcaribbean.com>, <hceapcaribbean.com>, <caeapcaribbean.com>, <ch3apcaribbean.com>, <cheacparibbean.com>, <chealcaribbean.com>, <cheapcadibbean.com>, <cheapcaribb3an.com>, <cheapcaribbeah.com>, <cheapcaribpean.com>, <cheapcaribvean.com>, <cheapcarihbean.com>, <cheapcarobbean.com>, <cheapvaribbean.com>, <cueapcaribbean.com>, <vheapcaribbean.com>, <ceheapcaribbean.com>, <chdapcaribbean.com>, <cheapcaribbdan.com>, <cheapcaribbeaj.com>, <cheapcaribbran.com>, <cheapcaribgean.com>, <cheapcarinbean.com>, <cheapcarybbean.com>, <cheapcatibbean.com>, <cheapcraibbean.com>, <cheapsaribbean.com>, <cheapxaribbean.com>, <chiapcaribbean.com>, <cjeapcaribbean.com>, <xheapcaribbean.com>, <cbeapcaribbean.com>, <cehapcaribbean.com>, <chea0caribbean.com>, <cheapcafibbean.com>, <cheapcaribbeab.com>, <cheapcaribbwan.com>, <cheapcaribeban.com>, <cheapcaribebean.com>, <cheapcaribnean.com>, <cheapcarigbean.com>, <cheapcarubbean.com>, <cheapfaribbean.com>, <chwapcaribbean.com>, <cyeapcaribbean.com>, and <fheapcaribbean.com> domain names be TRANSFERRED from Respondent to Complainant.
Honorable Karl V. Fink (Ret.), Panelist
Dated: September 13, 2010
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