DECISION

 

SimpliSafe, Inc. v. Kristine Early

Claim Number: FA1904001837226

 

PARTIES

Complainant is SimpliSafe, Inc. (“Complainant”), represented by Joshua M. Dalton of Morgan, Lewis & Bockius LLP, USA.  Respondent is Kristine Early (“Respondent”), California, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <simplisafe.info>, registered with Google LLC.

 

PANEL

The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Panelist in this proceeding.

 

Terry F. Peppard as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the Forum electronically on April 3, 2019; the Forum received payment on April 3, 2019.

 

On April 3, 2019, Google LLC confirmed by e-mail to the Forum that the <simplisafe.info> domain name is registered with Google LLC and that Respondent is the current registrant of the name.  Google LLC has verified that Respondent is bound by the Google 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 April 5, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 25, 2019 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@simplisafe.info.  Also on April 5, 2019, 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 response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.

 

On April 26, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Terry F. Peppard as sole Panelist in this proceeding.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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 Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of a response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant uses its SIMPLISAFE mark in connection with the marketing of home security systems.

 

Complainant holds a registration for the SIMPLISAFE service mark, which is on file with the United States Patent and Trademark Office (“USPTO”) as Registry

No. 4,747,810, registered June 2, 2015.

 

Respondent registered the domain name <simplisafe.info> on February 1, 2019.

 

The domain name is confusingly similar to Complainant’s SIMPLISAFE mark.

 

Respondent has not been commonly known by the domain name.

 

Complainant has not authorized Respondent to use the SIMPLISAFE mark in any manner.

 

Respondent’s use of the domain name does not amount to either a bona fide offering of goods or services or a legitimate noncommercial or fair use.

 

Respondent uses the domain name to pass itself off as Complainant online in order to profit from the sale of counterfeit versions of Complainant’s goods.

 

Respondent has no rights to or legitimate interests in the domain name.

 

Respondent’s use of the domain name disrupts Complainant’s business.

 

Respondent registered the domain name through a privacy service in order to conceal its true identity.

 

Respondent knew of Complainant and its rights in the SIMPLISAFE mark when it registered the domain name.

 

Respondent both registered and now uses the domain name in bad faith. 

 

B. Respondent

Respondent has failed to submit a Response in this proceeding in compliance with the requirements of the Policy and its attendant Rules.  However, in an e-mail message addressed to the Forum under date of May 1, 2019, Respondent suggested that the domain name which is the subject of this proceeding was obtained either in error or fraudulently and further recited: “I have no interest in the domain name.” 

 

DISCUSSION

Respondent has defaulted in its obligations under the Policy by failing to submit a Response to the Complaint before us in compliance with the requirements of the Policy and its subordinate Rules.  Respondent’s untimely e-mail communication with the Forum does not deny the allegations of the Complaint but recites that it is itself the victim of error or fraud and that it has no interest in the challenged <simplisafe.info> domain name.    

 

Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following in order to obtain from a Panel a directive that a domain name be transferred:

 

i.      the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;

ii.    Respondent has no rights to or legitimate interests in respect of the domain name; and

iii.   the same domain name was registered and is being used by Respondent in bad faith.

 

Notwithstanding the foregoing, Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (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.”

 

Further, Paragraph 14(b) of the Rules provides that, where a party fails to comply with requirements laid on by the Rules, the Panel may draw such inferences from that failure as it considers appropriate.   

 

DECISION

It appears from the record that Respondent does not contest the allegations of the Complaint, except, inferentially, as to its identity as a proper party to this proceeding.  It further appears that Respondent does not object to Complainant’s request for the transfer to it of the <simplisafe.info> domain name as prayed for in the Complaint, so that the parties have tacitly agreed to the transfer of the domain name from Respondent to Complainant without the need for further proceedings.  In the exceptional circumstances here presented, we conclude that no worthwhile purpose would be served by a rendition of findings otherwise customary in proceedings of this sort. 

 

Accordingly, it is Ordered that the domain name <simplisafe.info> be forthwith TRANSFERRED from Respondent to Complainant.

 

 

Terry F. Peppard, Panelist

Dated:  May 3, 2019