JUUL Labs, Inc. v. Jimmy Harding / Juul Pods Australia
Claim Number: FA1808001804289
Complainant is JUUL Labs, Inc. (“Complainant”), represented by Alyssa Worsham of Wilson Sonsini Goodrich & Rosati, California, USA. Respondent is Jimmy Harding / Juul Pods Australia (“Respondent”), represented by Chris Wall of Walker Gibbs & King Pty Ltd, New South Wales, Australia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <juulpodsaustralia.com>, registered with Tucows Domains Inc.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Hon. Sir Ian Barker as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 30, 2018; the Forum received payment on August 30, 2018.
On August 31, 2018, Tucows Domains Inc. confirmed by e-mail to the Forum that the <juulpodsaustralia.com> domain name is registered with Tucows Domains Inc. and that Respondent is the current registrant of the name. Tucows Domains Inc. has verified that Respondent is bound by the Tucows Domains 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 September 4, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 24, 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@juulpodsaustralia.com. Also on September 4, 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.
A timely Response was received and determined to be complete on September 12, 2018.
On September 19, 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Hon. Sir Ian Barker 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
1. Respondent’s <juulpodsaustralia.com> domain name is confusingly similar to Complainant’s JUUL trademark.
2. Respondent does not have any rights or legitimate interests in the <juulpodsaustralia.com> domain name.
3. Respondent registered and used the <juulpodsaustralia.com> domain name in bad faith.
B. Respondent
By letter dated September 13, 2018 from the Respondent’s lawyers in Cooma, New South Wales, Australia, the Respondent agreed to the transfer of the domain name to Complainant and requested that the Panel refrain from making any specific findings in this case.
This Panelist accepts the approach of the Panelist in Disney Enterprises, Inc v Morales, FA 475191 (Forum May 13, 2005) as follows:
“The Panel finds that, due to Respondent’s consent and to the famous nature of Complainant’s business activities and marks, it is not necessary, nor would it be instructive, to make a formal analysis in this case. See Boehringer Ingelheim Int’l GmbH v Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also 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.’)”.
The Respondent is aged 18 who lives in a small rural town. He did not fully understand trademark laws and is unlikely to infringe again.
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <juulpodsaustralia.com> domain name be TRANSFERRED from Respondent to Complainant.
___________________________________________________________
Hon. Sir Ian Barker QC, Panelist
Dated: October 1, 2018
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