URS DEFAULT DETERMINATION
WhatsApp, Inc. v. LATICINIOS ABC CACU et al.
Claim Number: FA1602001661093
DOMAIN NAME
<whatsapp.attorney>
<whatsapp.blue>
<whatsapp.computer>
<whatsapp.dentist>
<whatsapp.digital>
<whatsapp.gallery>
<whatsapp.graphics>
<whatsapp.land>
<whatsapp.management>
<whatsapp.photography>
<whatsapp.schule>
<whatsapp.services>
<whatsapp.singles>
<whatsapp.solutions>
<whatsapp.technology>
<whatsapp.work>
PARTIES
| Complainant: WhatsApp, Inc. of Mountain View, CA, United States of America | |
|
Complainant Representative: Hogan Lovells (Paris) LLP
David Taylor of Paris, France
|
| Respondent: LATICINIOS ABC CACU LATICINIOS ITARUMA LTDA of CACU, II, BR | |
REGISTRIES and REGISTRARS
| Registries: Sugar Glen, LLC,Outer Moon, LLC,Fox Castle, LLC,Fern Madison, LLC,Silver Cover, LLC,Auburn Falls,Top Level Domain Holdings Limited,ATTORNEY Registry,Afilias Limited,Pine Mill, LLC,DENTIST Registry,Dash Park, LLC,Sugar House, LLC,Over Madison, LLC,Pine Moon, LLC,John Goodbye, LLC | |
| Registrars: Godaddy LLC,GoDaddy,GoDaddy.com, LLC |
EXAMINER
| 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 Examiner in this proceeding. | |
| Hector Ariel Manoff, as Examiner |
PROCEDURAL HISTORY
| Complainant Submitted: February 16, 2016 | |
| Commencement: February 17, 2016 | |
| Default Date: March 3, 2016 | |
| 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"). |
RELIEF SOUGHT
| Complainant requests that the domain name be suspended for the life of the registration. |
STANDARD OF REVIEW
| Clear and convincing evidence. |
FINDINGS and DISCUSSION
| Findings of Fact: The Complainant is the owner of the WHATSAPP trademark, duly registered in the United States, Brazil and in a number of countries. The Complainant uses the mark Whatsapp in connection with the famous mobile messaging "app", which has acquired considerable reputation and goodwill worldwide. It has 1 billion monthly active users worldwide. The WHATSAPP mark is well known worldwide and has acquired secondary meaning. |
|
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: Determined: Finding for Complainant The disputed domain names are identical to the Complainant’s Trademarks WHATSAPP. The addition of the new gTLDs “.attorney”, “.blue”, “.computer”, “.dentist”, “.digital”, “.gallery”, “.graphics”, “.land”, “.management”, “.photography”, “.schule”, “.services”, “.singles”, “.solutions”, “.technology” and “.work” does not have any impact on the overall impression provided by the mark WHATSAPP. Examiner finds that the disputed domain names are confusingly similar to the Complainant’s trademark registrations and that Complainant has complied with URS 1.2.6.1 by demonstrating that the disputed domain names are confusingly similar to a mark for which the Complainant holds a valid national registration which is in current use. [URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name. Determined: Finding for Complainant Complainant has not authorized Respondent to use its registered trademarks WHATSAPP. Respondent has not filed a response to this complaint and consequently no evidence was submitted to prove that he is commonly known as WHATSAPP. There is no evidence that the Registrant is making a legitimate non-commercial or fair use of the domain names since the websites are not leading to active websites. The Examiner finds that the requirements set forth by URS 1.2.6.2 have been also met.
[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
Determined: Finding for Complainant Since Complainant’s trademarks are prior to the disputed domain names’ registration, Examiner concludes that the registration of the disputed domain names (identical to a registered trademark) was made on bad faith. Furthermore, Respondent registered the disputed domain names despite having received a notification stating that the domain names matches a trademark registered in the TMCH. The circumstances of the matter demonstrate that the Registrant registered the domain names in order to prevent the Complainant from reflecting their trademark in a corresponding domain name. Also, the WHATSAPP trademark is well known worldwide. Finally, the domains do not lead to any active website. The Registrant therefore does not show bona fide offering of goods or services. Examiner finds that the disputed domain names were registered and is being used in bad faith to attract for commercial gain and that Complainant has complied with URS 1.2.6.3. FINDING OF ABUSE or MATERIAL FALSEHOOD The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods. The Examiner finds as follows:
DETERMINATION
After reviewing the parties’ 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(s) be SUSPENDED for
the duration of the registration:
|
Hector Ariel Manoff Examiner
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