Blitz NV, LLC v. Domain Admin, C/O ID#10760 / Privacy Protection Service INC d/b/a PrivacyProtect.org
Claim Number: FA1705001732460
Complainant is Blitz NV, LLC (“Complainant”), represented by James D. Boyle of Holley Driggs Walch Fine Wray Puzey &Thompson, Nevada, USA. Respondent is Domain Admin, C/O ID#10760 / Privacy Protection Service INC d/b/a PrivacyProtect.org (“Respondent”), Australia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <danbilzerianstuff.com>, registered with Webair Internet Development, Inc.
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.
Dr. Katalin Szamosi as Panelist.
Complainant submitted a Complaint to the Forum electronically on May 18, 2017; the Forum received payment on May 18, 2017.
On May 22, 2017, Webair Internet Development, Inc. confirmed by e-mail to the Forum that the <danbilzerianstuff.com> domain name is registered with Webair Internet Development, Inc. and that Respondent is the current registrant of the name. Webair Internet Development, Inc. has verified that Respondent is bound by the Webair Internet Development, 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 May 25, 2017, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 14, 2017 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@danbilzerianstuff.com. Also on May 25, 2017, 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 June 9, 2017.
On June 14, 2017 pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed dr. Katalin Szamosi 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, Blitz NV, is a corporate entity having exclusive rights to capitalize on the fame and distinctiveness of Dan Bilzerian—a poker player and social media personality. Complainant established common law rights in the DAN BILZERIAN mark through its continuous use in marketing and sales of clothing, memorabilia, costumes, and other goods on or about October 2014. Respondent’s <danbilzerianstuff.com> (registered March 13, 2015) is identical or confusingly similar to Complainant’s mark because it eliminates the space, appends the generic term “stuff” and the generic top-level domain (“gTLD”) to the fully incorporated mark.
Respondent lacks rights and legitimate interests in or to the disputed domain. Respondent is not commonly known by the disputed domain name under Policy ¶ 4(c)(ii). See Compl., at Attached Ex. 3. Under Policy ¶¶ 4(c)(i) and (iii), Respondent’s use of the domain name to compete with Complainant’s business may not be construed as a bona fide offering of goods or services or legitimate noncommercial or fair use.
Respondent registered and is using the <danbilzerianstuff.com> domain name in bad faith. Respondent attempts to disrupt the business of Complainant —under Policy ¶ 4(b)(iii)—by diverting Internet users from Complainant’s site. Respondent is also attempting to attract Internet traffic and commercially benefit from the goodwill of the DAN BILZERIAN mark by creating confusion as to the source, sponsorship, affiliation, or endorsement of its website by using the marks, photographs and likeness of Complainant. Respondent’s actual knowledge of Complainant’s rights and use of a privacy shield are further evidence of bad faith.
B. Respondent
Respondent makes no contentions as to Policy ¶ 4(a)(i) and concedes that it does not have any rights to use trademarks or brand names related to Complainant.
Respondent’s use of the domain name is legitimate because the resolving website operates as a fan page designed to provide information in support of Mr. Bilzerian.
Respondent did not register or use the disputed domain name in bad faith because it was used as a fan website, it was not offered for sale, it was not registered to disrupt Complainant’s business, it was not used for commercial gain, and the respondent had no pattern of cybersquatting.
Respondent agrees to the transfer of the domain name to the Complainant and acknowledges that Complainant is the owner of trademark and rights about the celebrity Mr. Dan Bilzerian.
The Panel will not make any finding of fact for the reasons explained below.
Preliminary Issue: Consent to Transfer
The Panel is of the view that since the Respondent agreed to the transfer of the disputed domain name, the Panel foregoes the traditional UDRP analysis and orders an immediate transfer of the <danbilzerianstuff.com> domain name.
See Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”) see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”).
Given the common request of the parties, it is Ordered that the <danbilzerianstuff.com> domain name be TRANSFERRED from Respondent to Complainant.
Dr. Katalin Szamosi, Panelist
Dated: June 22, 2017
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