Mechoshade Systems, Inc. v. Profile Group
Claim Number: FA1504001616717
Complainant is Mechoshade Systems, Inc. (“Complainant”), represented by Ryan D. Ricks of SNELL & WILMER L.L.P, Arizona, USA. Respondent is Profile Group (“Respondent”), Delaware, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <mechoshade.net>, registered with Melbourne IT 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 Panelist in this proceeding.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the Forum electronically on April 27, 2015; the Forum received payment on April 27, 2015.
On May 5, 2015, Melbourne IT Ltd confirmed by e-mail to the Forum that the <mechoshade.net> domain name is registered with Melbourne IT Ltd and that Respondent is the current registrant of the name. Melbourne IT Ltd has verified that Respondent is bound by the Melbourne IT Ltd 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 May 6, 2015, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 26, 2015 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@mechoshade.net. Also on May 6, 2015, 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.
A timely Response was received and determined to be complete on May 26, 2015.
On June 2, 2015, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant uses the MECHOSHADE mark in connection with its design and manufacture of manual, motorized, and automatic window solar shading systems and room-darkening solutions. Complainant has registered the MECHOSHADE mark with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 2,377,220, filed May 17, 1999; registered August 15, 2000), establishing Policy ¶ 4(a)(i) rights in the mark. Respondent’s <mechoshade.net> merely adds the “.net” generic top-level domain (“gTLD”) to Complainant’s mark and is therefore identical.
Respondent has no rights or legitimate interests in the <mechoshade.net> domain name. Complainant has neither authorized Respondent to register the MECHOSHADE mark in connection with a domain name registration, nor is Respondent commonly known by the disputed domain name. Further, Respondent is not making any bona fide offering of goods or services through the <mechoshade.net> domain name, and no legitimate noncommercial or fair use is evinced. Rather, Respondent’s <mechoshade.net> domain name resolves to a click-through page displaying numerous third-party hyperlinks, some of which may compete with Complainant.
Respondent’s third-party hyperlinks are evidence of bad faith disruption under Policy ¶ 4(b)(iii). Next, as the links presumably net Respondent pay-per-click fees, Respondent has demonstrated Policy ¶ 4(b)(iv) attraction for commercial gain. Lastly, Respondent had actual or constructive knowledge of the MECHOSHADE mark, demonstrating bad faith registration under Policy ¶ 4(a)(iii).
B. Respondent
Respondent consents to the transfer of the domain name to Complainant.
Complainant, Mechoshade Systems, Inc., uses the MECHOSHADE mark in connection with its design and manufacture of manual, motorized, and automatic window solar shading systems and room-darkening solutions. Complainant has registered the MECHOSHADE mark with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 2,377,220, filed May 17, 1999; registered August 15, 2000), establishing Policy ¶ 4(a)(i) rights in the mark.
Respondent, Profile Group, registered the <mechoshade.net> domain name on February 6, 2000.
Complainant has rights in the MECHOSHADE mark under Policy ¶ 4(a)(i) through registration with the USPTO. See Hershey Co. v. Reaves, FA 967818 (Nat. Arb. Forum June 8, 2007) (finding that the complainant’s rights in the KISSES trademark through registration of the mark with the USPTO “date back to the filing date of the trademark application and predate [the] respondent’s registration”).
Respondent’s <mechoshade.net> is identical to the MECHOSHADE mark. The domain name merely adds the “.net” gTLD to Complainant’s mark.
Consent to Transfer
As Respondent consents to transfer the domain name to Complainant, the Panel will forego the traditional UDRP analysis and order an immediate transfer of the <mechoshade.net> domain name.
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <mechoshade.net> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: June 16, 2015
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