The Great American Rolling Paper Company v. Chris Hill / Flavius Alexandru / Alicia Dearn / Bellatrix PC
Claim Number: FA1802001773040
Complainant is The Great American Rolling Paper Company (“Complainant”), represented by Saul Roffe of Law Offices of Saul Roffe, Esq. P.C., New Jersey, USA. Respondent is Chris Hill / Flavius Alexandru / Alicia Dearn / Bellatrix PC (“Respondent”), represented by Flavius Alexandru, Romania.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <americanrollingpapers.com>, <americanrollingpaper.com>, <jimihendrixrollingpapers.com>, <atlas-pacific.com>, <californiaclinicalsupply.com>, <crispapers.com>, <customrollingmachine.com>, <customrollingpapers.co>, <customrollingpapers.net>, <customrollingpapers.org>, <customrollingpaper.net>, <customrollingpaper.com>, <greatamericanpapers.com>, <ninedrags.com>, <ryopapers.com>, <smokerssurvivalkit.com>, <jimihendrixpapers.com>, and <customcigarettepapers.com>, registered with Godaddy.Com, Llc; and <atlaspapers.com>, registered with Namesilo, Llc.
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Sandra J. Franklin as Panelist.
Complainant submitted a Complaint to the Forum electronically on February 22, 2018; the Forum received payment on February 22, 2018.
On February 22, 2018, Namesilo, Llc confirmed by e-mail to the Forum that the <atlaspapers.com> domain name is registered with Namesilo, Llc by Respondent(s). On February 23, 2018, March 2, 2018, and March 26, 2018, Godaddy.Com, Llc confirmed by e-mail to the Forum that the <americanrollingpapers.com>, <americanrollingpaper.com>, <jimihendrixrollingpapers.com>, <atlas-pacific.com>, <californiaclinicalsupply.com>, <crispapers.com>, <customrollingmachine.com>, <customrollingpapers.co>, <customrollingpapers.net>, <customrollingpapers.org>, <customrollingpaper.net>, <customrollingpaper.com>, <greatamericanpapers.com>, <ninedrags.com>, <ryopapers.com>, <smokerssurvivalkit.com>, <jimihendrixpapers.com>, and <customcigarettepapers.com> domain names are registered with Godaddy.Com, Llc by Respondent(s). Godaddy.Com, Llc and Namesilo, Llc have verified that Respondents are bound by the Godaddy.Com, Llc and Namesilo, Llc registration agreements and have 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 29, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 18, 2018 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@americanrollingpapers.com, postmaster@americanrollingpaper.com, postmaster@jimihendrixrollingpapers.com, postmaster@atlas-pacific.com, postmaster@californiaclinicalsupply.com, postmaster@crispapers.com, postmaster@customrollingmachine.com, postmaster@customrollingpapers.co, postmaster@customrollingpapers.net, postmaster@customrollingpapers.org, postmaster@customrollingpaper.net, postmaster@customrollingpaper.com, postmaster@atlaspapers.com, postmaster@greatamericanpapers.com, postmaster@ninedrags.com, postmaster@ryopapers.com, postmaster@smokerssurvivalkit.com, postmaster@jimihendrixpapers.com, and postmaster@customcigarettepapers.com. Also on March 29, 2018, 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 20, 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Sandra J. Franklin 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 names be transferred from Respondent to Complainant.
A. Complainant’s primary contention is that Respondent Hill sold the <americanrollingpapers.com>, <americanrollingpaper.com>, <jimihendrixrollingpapers.com>, <atlaspapers.com>, <atlas-pacific.com>, <californiaclinicalsupply.com>, <crispapers.com>, <customrollingmachine.com>, <customrollingpapers.co>, <customrollingpapers.net>, <customrollingpapers.org>, <customrollingpaper.net>, <customrollingpaper.com>, <greatamericanpapers.com>, <ninedrags.com>, <ryopapers.com>, <smokerssurvivalkit.com>, <jimihendrixpapers.com>, and <customcigarettepapers.com> domain names (the “disputed domain names”) to Complainant pursuant to an Asset Purchase Agreement.
B. Respondent failed to submit a Response in this proceeding.
In addition to other defects in its Complaint, Complainant has not alleged any trademark rights upon which relief can be granted.
Paragraph 15(a) of 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."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).
Preliminary Issue: Multiple Respondents
Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” In this case, there are three named Respondents that bear no relationship to each other. Complainant has not even alleged that the disputed domain names are controlled by the same person or entity. The Panel therefore finds that Complainant has not presented evidence demonstrating that the named Respondents are related or jointly controlled and, under the Forum’s Supplemental Rule 4(c), dismisses the Complaint as it pertains to Flavius Alexandru, Alice Dearn/Bellatrix PC. The remaining Respondent is Chrisjon Hill and the remaining domain names subject to this Decision are:
<americanrollingpapers.com>, <americanrollingpaper.com>, <jimihendrixrollingpapers.com>, <atlas-pacific.com>, <californiaclinicalsupply.com>, <crispapers.com>, <customrollingmachine.com>, <customrollingpapers.co>, <customrollingpapers.net>, <customrollingpapers.org>, <customrollingpaper.net>, <customrollingpaper.com>, <ninedrags.com>, <ryopapers.com>, <smokerssurvivalkit.com>, <jimihendrixpapers.com>, and <customcigarettepapers.com>
The Panel finds that Complainant has not satisfied Policy ¶ 4(a)(i) because it has failed to establish trademark rights pertaining to any of the disputed domain names. Since Complainant is required to satisfy all three elements of the Policy to prevail and has failed on the very first element, the Panel declines to analyze the other two elements of the Policy. See Netsertive, Inc. v. Ryan Howard / Howard Technologies, Ltd., FA 1721637 (Forum Apr. 17, 2017) (finding that because the complainant must prove all three elements under the Policy, the complainant’s failure to prove one of the elements makes further inquiry into the remaining element unnecessary); see also Wasatch Shutter Design v. Duane Howell / The Blindman, FA 1731056 (Forum June 23, 2017) (deciding not to inquire into the respondent’s rights or legitimate interests or its registration and use in bad faith where the complainant could not satisfy the requirements of Policy ¶ 4(a)(i)).
Having not established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.
Accordingly, it is Ordered that the <americanrollingpapers.com>, <americanrollingpaper.com>, <jimihendrixrollingpapers.com>, <atlas-pacific.com>, <californiaclinicalsupply.com>, <crispapers.com>, <customrollingmachine.com>, <customrollingpapers.co>, <customrollingpapers.net>, <customrollingpapers.org>, <customrollingpaper.net>, <customrollingpaper.com>, <ninedrags.com>, <ryopapers.com>, <smokerssurvivalkit.com>, <jimihendrixpapers.com>, and <customcigarettepapers.com> domain names REMAIN with Respondent.
Sandra J. Franklin, Panelist
Dated: April 21, 2018
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