BBY Solutions, Inc. v. Oh YES Inc.
Claim Number: FA1603001667236
Complainant is BBY Solutions, Inc. (“Complainant”), represented by Matthew Mlsna of BBY Solutions, Inc., Minnesota, United States. Respondent is Oh YES Inc. (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <bestbuytechnicalsupport.com>, registered with BigRock Solutions Ltd.
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 Panelist in this proceeding.
Kenneth L. Port as Panelist.
Complainant submitted a Complaint to the Forum electronically on March 24, 2016; the Forum received payment on March 24, 2016.
On March 24, 2016, BigRock Solutions Ltd. confirmed by e-mail to the Forum that the <bestbuytechnicalsupport.com> domain name is registered with BigRock Solutions Ltd. and that Respondent is the current registrant of the name. BigRock Solutions Ltd. has verified that Respondent is bound by the BigRock Solutions 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 March 25, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 14, 2016 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@bestbuytechnicalsupport.com. Also on March 25, 2016, 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 15, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Kenneth L. Port 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. 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 BEST BUY mark in connection with its retail stores offering consumer electronics and appliances. Complainant has registered the BEST BUY mark with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 1,899,212, registered June 13, 1995), which demonstrates Complainant’s rights in its mark. Attached Exhibit C shows a copy of Complainant’s trademark registration. The <bestbuytechnicalsupport.com> domain is confusingly similar to Complainant’s mark as it wholly incorporates the mark, eliminates the spacing between the words of Complainant’s mark, and adds the descriptive words “technical” and “support,” and the generic top-level domain (“gTLD”) “.com.”
Respondent has no rights and legitimate interests in the disputed domain name. First, Respondent is not commonly known by the disputed domain name or any variant of Complainant’s mark. Second, Respondent has no authorization or license to use the mark. Finally, Respondent is not making a bona fide offering of goods or services through the disputed domain name or a legitimate noncommercial or fair use. Rather, Respondent uses the disputed domain name to offer services identical to those offered by Complainant. Attached Exhibit D shows screenshots of the webpages that resolve from Respondent’s domain.
Respondent has registered and is using the domain in bad faith. First, Respondent’s offering of services through its domain that compete directly with Complainant’s business violates Policy ¶ 4(b)(iii). Second, Respondent has engaged in conduct proscribed by Policy ¶ 4(b)(iv) by offering technical services that are competitive with Complainant. Finally, Respondent registered the domain with at least constructive knowledge of Complainant’s mark and its rights therein.
B. Respondent
Respondent failed to submit a Response in this proceeding. The disputed domain name was registered on April 30, 2015.
C. Additional Submissions
Although the Respondent failed to file a Response pursuant to the Rules, Respondent did send an e-mail communication to the Forum after the commencement of this disputed. The e-mail stated in its entirety as follows:
We are closing this website. and agree to surrender this domain to Owner. "matthew.mlsna@bestbuy.com".
What is the process.?
The Panel finds that the Respondent has acquiesced to the transfer of the disputed domain name. As such, the Panel will forego a full analysis of the disputed domain name and order its immediate transfer.
By its email communication to the Forum, the Panel finds that the Respondent has acquiesced to the transfer of the disputed domain name. As such, a full analysis of the three factors is, hereby, deemed irrelevant. The Panel finds that the Respondent has consented to the transfer of the disputed domain name and hereby orders the transfer of the same.
Having consented to the transfer, the Panel concludes that relief shall be granted.
Accordingly, it is Ordered that the <bestbuytechnicalsupport.com> domain name transferred from the Respondent to the Complainant.
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Kenneth L. Port, Panelist
Dated: April 17, 2016
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