URS DEFAULT DETERMINATION

WhatsApp Inc. v. Yang Ke
Claim Number: FA1708001745216

DOMAIN NAME

<whatsapp.wang>

PARTIES

	Complainant: WhatsApp Inc. of Menlo Park, CA, United States of America
	Complainant Representative: Hogan Lovells (Paris) LLP David Taylor of Paris, France

	Respondent: Yang Ke Yang Ke of Cheng Du Shi, II, CN

REGISTRIES and REGISTRARS

	Registries: Zodiac Leo Limited
	Registrars: Chengdu west dimension digital

EXAMINER

	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 Examiner in this proceeding.
	Ahmet Akguloglu, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: August 18, 2017
	Commencement: August 18, 2017
	Default Date: September 5, 2017
	Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

STANDARD OF REVIEW

Clear and convincing evidence.

FINDINGS and DISCUSSION

	Procedural Findings:
		Multiple Complainants: The Complaint does not allege multiple Complainants.
		Multiple Respondents: The Complaint does not allege multiple Respondents.

Findings of Fact: The Complainant claimed that WhatsApp is a mobile messaging application which allows users to exchange messages free of charge. Whatsapp was launched in 2009 and was acquired by Facebook in 2014. The Complainant also asserted that Whatsapp is the one most popular mobile application, with over 1 billion monthly active users worldwide. The Complainant has registered trademark rights with the phrase WHATSAPP which are in current use. The Complainant claimed that the registered domain is identical to the marks which the Complainant owns rights in. The complainant claimed that the respondent has no legitimate right or interest on the domain name and the domain name was registered and is being used in bad faith. Respondent provided no response to the complaint.

Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.

[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant

It is clear that the Complainant has met its burden by clear and convincing evidence that the domain name is identical to the word mark WHATSAPP for which the Complainant holds valid international registration and that is in current use.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

The Complainant did not authorize the Respondent for use of the WHATSAPP trademark. The Respondent did not submit any response or evidence to the contrary that it has legitimate interest for usage of the WHATSAPP trademark. Therefore, it is understood that the Respondent does not have any right or legitimate interest over the disputed domain name

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant

Given the well-known status of the Complainant’s trademark, the Respondent was clearly well aware of the Complainant and of its rights on the trademark when it registered the domain name. In this respect, the Examiner concludes that, the Respondent intentionally attempted to attract for commercial gain by registering and using the domain name. Accordingly, the Examiner finds that the Respondent registered and used the disputed domain name in bad faith.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

whatsapp.wang

Ahmet Akguloglu
Examiner
Dated: September 8, 2017

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