WordPress Foundation v. Chemistry Tips
Claim Number: FA1511001647507
Complainant is WordPress Foundation (“Complainant”), represented by Steven M. Levy, Pennsylvania, USA. Respondent is Chemistry Tips (“Respondent”), Canada.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <wordpresshostingz.com>, registered with Name.com, Inc.
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.
Complainant submitted a Complaint to the Forum electronically on November 17, 2015; the Forum received payment on November 20, 2015.
On November 18, 2015, Name.com, Inc. confirmed by e-mail to the Forum that the <wordpresshostingz.com> domain name is registered with Name.com, Inc. and that Respondent is the current registrant of the name. Name.com, Inc. has verified that Respondent is bound by the Name.com, Inc. 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 November 23, 2015, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 14, 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@wordpresshostingz.com. Also on November 23, 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.
Having received no response from Respondent filed in compliance with the requirements of the Policy and its associated Rules, the Forum transmitted to the parties a Notification of Respondent Default.
On December 21, 2015, 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 any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant uses the WORDPRESS mark in connection with its business as a blogging and internet publishing services provider.
Complainant has rights in the WORDPRESS trademark and service mark through registration of the mark with the United States Patent and Trademark Office (“USPTO”) (Registry No. 3,201,424, registered January 23, 2007).
Respondent registered the domain name <wordpresshostingz.com> on March 10, 2015.
The domain name is confusingly similar to Complainant’s WORDPRESS mark.
Respondent has not been commonly known by the domain name.
Respondent has not been authorized by Complainant to use the WORDPRESS mark in any way.
Respondent employs the domain name and its resolving website to impersonate Complainant in order to profit by selling goods and services through unauthorized use of Complainant’s WORDPRESS mark.
This use is neither a bona fide offering of goods or services by means of, nor a legitimate noncommercial or fair use of, the domain name.
Respondent has no rights to or legitimate interests in the domain name.
Respondent knew of Complainant and its rights in the WORDPRESS mark when it registered the domain name.
Respondent has registered and is using the domain name in bad faith.
B. Respondent
Respondent has failed to file a Response to the Complaint in compliance with the requirements of the Policy and its associated Rules. However, in an e-mail message addressed to the Forum, Respondent has recited as follows:
I have contacted the domain name registrar to delete the domain name from my account. I have also deleted that from hosting…. I declare that I don't want to own the domain wordpresshostingz.com any more.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, to obtain from a Panel an order that a domain name be transferred to it, Complainant must prove each of the following:
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 domain name has been registered and is being used 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, Policy Paragraph 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see, for example, Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent does not contest the material allegations of the Complaint, and, in particular, it does not contest Complainant’s request that the <wordpresshostingz.com> domain name be transferred to Complainant. Rather, in its written communication with the Forum, Respondent has expressed its desire no longer to own the domain name. Thus the parties have effectively agreed in writing to a transfer of the subject domain name from Respondent to Complainant without the need for further proceedings.
It is therefore Ordered that the <wordpresshostingz.com> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: December 22, 2015
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