WhatsApp Inc. v. 张国节
Claim Number: FA1510001641036
Complainant: WhatsApp Inc. of Mountain View, California, United States of America.
Complainant Representative:
Complainant Representative: Hogan Lovells (Paris) LLP of Paris, France.
Respondent: 张国节 of 3, 13, International, CN.
Respondent Representative:
REGISTRIES and REGISTRARS
Registries: Beijing Qianxiang Wangjing Technology Development Co., Ltd.
Registrars: GuangDong NaiSiNiKe Information Technology Co Ltd.
The undersigned certifies that he has acted independently and impartially and, to the best of his knowledge, has no known conflict in serving as Examiner in this proceeding.
Honorable Charles K. McCotter, Jr. (Ret.), as Examiner.
Complainant submitted: October 6, 2015
Commencement: October 9, 2015
Default Date: October 26, 2015
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly
similar to a word mark:
(i) for which the Complainant holds a valid national or regional registration and
that is in current use; or(ii) that has been validated through court proceedings; or
(iii) that is specifically protected by a statute or treaty in effect at the time the
URS complaint is filed.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad
faith.
a. Registrant has registered or acquired the domain name primarily for the
purpose of selling, renting or otherwise transferring the domain name
registration to the complainant who is the owner of the trademark or service
mark or to a competitor of that complainant, for valuable consideration in excess
of documented out-of pocket costs directly related to the domain name; or
b. Registrant has registered the domain name in order to prevent the
trademark holder or service mark from reflecting the mark in a corresponding
domain name, provided that Registrant has engaged in a pattern of such
conduct; or
c. Registrant registered the domain name primarily for the purpose of
disrupting the business of a competitor; or
d. By using the domain name Registrant has intentionally attempted to attract
for commercial gain, Internet users to Registrant’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 Registrant’s web
site or location or of a product or service on that web site or location.
FINDINGS OF FACT
WhatsApp is a mobile messaging "app" which allows users to exchange messages free of charge. It was launched in 2009 and was acquired by Facebook in 2014. WhatsApp is currently one of the fastest growing and most popular mobile applications, with over 800 million monthly active users
worldwide.
IDENTICAL OR CONFUSINGLY SIMILAR
Complainant, WhatsApp Inc., has registered trademark rights in the term WHATSAPP, which are in current use. Accordingly, Complainant has rights in the WHATSAPP mark by virtue of its registrations and its extensive and continuous worldwide use. WHATSAPP is the dominant element of the <whatsapp.ren> domain name. Respondent has merely added the .ren domain extension to the WHATSAPP mark. Thus, pursuant to URS Procedure 1.2.6.1(i), the domain name is confusingly similar to the word mark for which Complainant has rights.
RIGHTS OR LEGITIMATE INTERESTS
Respondent, 张国节, has no rights or interest to the <whatsapp.ren> domain name. Complainant has not authorized Respondent to use its WHATSAPP mark. Respondent is not commonly known by the domain name. Respondent’s domain name resolves to a website that redirects internet users to Respondent's "infotainment" website displaying commercial banners, and was previously put up for sale on the associated website. Thus, Respondent has no legitimate right or interest to the domain name pursuant to URS Procedure 1.2.6.2.
REGISTRATION AND USE IN BAD FAITH
Respondent registered and uses the <whatsapp.ren> domain name in bad faith pursuant to USR Procedure 1.2.6.3. The domain name was created in 2014, subsequent to Complainant’s registration of the WHATSAPP mark. Respondent had actual notice of Complainant’s WHATSAPP mark when registering the <whatsapp.ren> domain name. Respondent registered and used the <whatsapp.ren> domain name to sell the domain name to the Complainant or a competitor for valuable consideration in excess of documented out-of-pocket costs. Respondent registered the domain name to prevent the Complainant from reflecting its trademark in a corresponding domain name, and has engaged in a pattern of such conduct. Respondent is using the domain name to intentionally attempt to attract, for commercial gain, internet users to his website by creating a likelihood of confusion with the Complainant’s mark as to the source or affiliation of his website.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name be SUSPENDED for the duration of the registration.
<whatsapp.ren>
Honorable Charles K. McCotter Jr., (Ret.), Examiner
Dated: October 27, 2015
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