Avaya Inc. v. MANOJ CHAUHAN
Claim Number: FA1402001543118
Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. Respondent is MANOJ CHAUHAN (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <avayatechnologies.com>, registered with Crazy Domains FZ-LLC.
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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on February 11, 2014; the National Arbitration Forum received payment on February 11, 2014.
On February 11, 2014, Crazy Domains FZ-LLC confirmed by e-mail to the National Arbitration Forum that the <avayatechnologies.com> domain name is registered with Crazy Domains FZ-LLC and that Respondent is the current registrant of the name. Crazy Domains FZ-LLC has verified that Respondent is bound by the Crazy Domains FZ-LLC 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 February 12, 2014, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 4, 2014 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@avayatechnologies.com. Also on February 12, 2014, 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.
Having received no formal response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On March 7, 2014, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed the Honorable Charles K. McCotter, Jr. (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 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 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 name be transferred from Respondent to Complainant.
A. Complainant
1. Complainant is engaged in the telecommunication and technology business. Complainant’s business provides communication hardware, software, as well as consultation and management services using the AVAYA mark.
2. Complainant owns trademark registrations for the AVAYA mark in the United States as well as in countries around the world including India. See United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,696,985 registered March 18, 2003); India’s Office of the Controller-General of Patents, Designs and Trademarks (Reg. No. 942,504).
3. Respondent’s <avayatechnologies.com> domain name is confusingly similar to Complainant’s AVAYA mark. Respondent merely adds the term “technologies” to Complainant’s mark along with the generic top-level domain (“gTLD”) “.com.”
4. Respondent is not known by the <avayatechnologies.com> domain name as illustrated by the WHOIS information and relevant documents. Respondent has never had a license or authorization to use the AVAYA mark in a domain name.
5. Respondent is using the <avayatechnologies.com> domain name to promote and sell directly competing goods and services.
6. Respondent’s use of the <avayatechnologies.com> domain name to host a competing business unfairly disrupts Complainant’s business.
7. Respondent’s use of the confusingly similar <avayatechnologies.com> domain name creates a strong likelihood of confusion that consumers will buy Respondent’s products assuming there is some connection with Complainant.
8. Respondent had knowledge of Complainant’s interests in the AVAYA mark prior to registering the <avayatechnologies.com> domain name.
B. Respondent
Respondent failed to submit a formal Response in this proceeding. However, by emails of February 11 and 13, 2014, Respondent advised the Forum that they had purchased the <avayatechnologies.com> domain name for Avaya Technologies, that Shekhar Choudhary is the owner of Avaya Technologies, and that Respondent had removed the domain name from Respondent’s account. By email of February 17, 2014, Shekhar Choudhary told the Forum that he is the owner of Avaya Technologies and had left the domain name.
Complainant, Avaya Inc., is engaged in the telecommunication and technology business. Complainant’s business provides communication hardware, software, and consultation and management services using the AVAYA mark. Complainant owns trademark registrations for the AVAYA mark in the United States as well as in countries around the world including India. See United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,696,985 registered March 18, 2003); India’s Office of the Controller-General of Patents, Designs and Trademarks (Reg. No. 942,504). Complainant has continuously used the AVAYA mark in connection with its business since at least as early as 2000.
The <avayatechnologies.com> domain name resolves to a website for Avaya Technologies describing Avaya Technologies as an IT company established in 2012 providing E-publishing, data processing, and data extraction services.
Respondent, MANOJ CHAUHAN, registered the <avayatechnologies.com> domain name on October 11, 2013. By emails of February 11 and 13, 2014, Respondent advised the Forum that they had purchased the <avayatechnologies.com> domain name for Avaya Technologies, that Shekhar Choudhary is the owner of Avaya Technologies, and that Respondent had removed the domain name from Respondent’s account. By email of February 17, 2014, Shekhar Choudhary told the Forum that he is the owner of Avaya Technologies and had left the domain name.
Although MANOJ CHAUHAN is the registrant, and therefore, holder of the disputed domain name, Avaya Technologies is the owner of the domain name. Both the registrant and the owner of the disputed domain name have given up their rights in the domain name.
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(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.”).
Complainant has rights in the AVAYA mark under Policy ¶ 4(a)(i) through its trademark registrations with the USPTO and other trademark authorities. See, e.g., W.W. Grainger, Inc. v. Above.com Domain Privacy, FA 1334458 (Nat. Arb. Forum Aug. 24, 2010) (stating that “the Panel finds that USPTO registration is sufficient to establish these [Policy ¶ 4(a)(i)] rights even when Respondent lives or operates in a different country.”).
Respondent’s <avayatechnologies.com> domain name is confusingly similar to Complainant’s AVAYA mark under Policy ¶ 4(a)(i). Respondent merely adds the term “technologies” to Complainant’s mark along with the gTLD “.com.” See Cargill, Incorporated v. Domain Privacy Grp., FA 1501652 (Nat. Arb. Forum Jul. 5, 2013) (determining that the disputed domain name, which contains the complainant’s mark, along with two generic terms and a generic top-level domain, is the equivalent of the mark itself for the purposes of Policy ¶ 4(a)(i)).
Consent to Transfer
Because both the registrant and the owner of the disputed domain name have given up their rights in the domain name, they have consented to the transfer of the domain name to Complainant. Therefore, the Panel will forego the traditional UDRP analysis and order the immediate transfer of the domain name. See Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
The Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <avayatechnologies.com> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: March 24, 2014
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