Licensing IP International S.à r.l. v. WhoisGuard, Inc. et al.
Claim Number: FA1804001780839
Complainant: Licensing IP International S.à r.l. of Luxembourg, Luxembourg.
Complainant Representative: EuroDNS SA of Leudelange, Luxembourg.
Respondent: WhoisGuard, Inc. of Panama, International, PA.
Respondent: Andrel Ivanov, with the address: Anadirskii pr-d 69-322 Moscow ru, 129336 Russia
REGISTRIES and REGISTRARS
Registries: Binky Moon, LLC
Registrars: NameCheap, 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 Examiner in this proceeding.
Antonina Pakharenko-Anderson, as Examiner.
Complainant submitted: April 9, 2018
Commencement: April 10, 2018
Default Date: April 25, 2018
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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is Licensing IP International S.à r.l. which lists its address as 32, Boulevard Royal Luxembourg L-2449 Luxembourg. Complainant states that it is the owner of several trademarks registrations for and with the term “REDTUBE” in the US, Canada and the EU (US no. 3843119 registered on August 31, 2010, US no. 3884412 registered on 30 November, 2010, EU nos. 7408297, 7408231 registered on 4 February, 2013 and Canadian Trademark no. TMA841073 registered on 1 January, 2013) and that “REDTUBE” is a famous trademark for adult entertainment services over the Internet, with “the website pointed by the domain name “redtube.com” having 50 million unique visitors per month”.
The Complainant also has a Trademark Clearinghouse registered for and with the US Trademark 3884412, which has been verified and is valid under the Clearinghouse handle 0006110000067462-1.
The above Trademark and Clearinghouse registration has been made for services under the Nice classification n°9, n°38, n°41 and n°42 and more generally, for services related to adult entertainment by streaming over the internet.
Complainant contends that Respondent’s domain name, <redtube.guru>, is confusingly similar to its marks, and was registered and is being used in bad faith by the Respondent who has no rights or legitimate interests in the domain name.
Respondent is Andrel Ivanov whose address is listed as Anadirskii pr-d 69-322 Moscow ru, 129336 Russia. Respondent registered the disputed domain name on August 25, 2017, therefore more than seven years after the registration of the Complainant’s trademark.
The domain name <redtube.guru> resolves to a website offering adult videos related to the Complainant services and links to Complainant’s competitors websites.
The domain name <redtube.guru> has been registered without the Complainant previous consent or knowledge.
Respondent did not provide a response to the Complaint in accordance with the URS rules of procedure.
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.
IDENTICAL OR CONFUSINGLY SIMILAR
The only difference between the Domain Name, <redtube.guru>, and the Complainant's REDTUBE mark is adding TLD .guru. However, it is well accepted that the top level domain is irrelevant in assessing identity or confusing similarity, thus the “.guru” is of no consequence here. The Examiner finds that the Domain Name is confusingly similar to Complainant’s REDTUBE mark.
NO RIGHTS OR LEGITIMATE INTERESTS
To the best of the Complainant’s knowledge, the Respondent does not have any rights in the name REDTUBE or “redtube” nor is the Respondent commonly known by either name. Complainant has not authorized Respondent’s use of its mark and has no affiliation with Respondent.
The Examiner finds that the Respondent has established no rights or legitimate interests in the Domain Name.
BAD FAITH REGISTRATION AND USE
The Domain Name was registered and is being used in bad faith.
The Domain Name was registered on August 25, 2017, seven years after the Complainant's REDTUBE marks.
The Examiner finds that the Domain Name resolves to a website offering adult videos related to the Complainant services and links to Complainant’s competitor’s websites. The domain name <redtube.guru> is therefore being used for offering services identical to the ones protected by the Complainant Trademark and Clearinghouse registration.
The website also has as title "Free Redtube Porn Videos - Redtube XXX Movies - Redtube porno" and contains many copies of the Complainant Trademark "Redtube" to create a likelihood of confusion with the Complainant's mark.
Furthermore, the Complainant submits that the Respondent is using the Domain Name in order to attract for commercial gain Internet users by creating a likelihood of confusion as to the source, sponsorship or affiliation of the website. The Examiner finds such behavior to further evidence Respondent’s bad faith registration and use.
After reviewing the Complainant’s 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 names be SUSPENDED for the duration of the registration
<redtube.guru>
Antonina Pakharenko-Anderson, Examiner
Dated: April 25, 2018
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