Snap Inc. v. Catherine StLouis / Froglab
Claim Number: FA2005001896217
Complainant is Snap Inc. (“Complainant”), represented by Caroline Barbee of Kilpatrick Townsend & Stockton LLP, California, USA. Respondent is Catherine StLouis / Froglab (“Respondent”), Washington, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <reviewmysnap.com> (the “disputed domain name”), registered with GoDaddy.com, LLC (the “Registrar”).
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.
Lynda M. Braun as Panelist.
Complainant submitted a Complaint to the Forum electronically on May 13, 2020; the Forum received payment on May 13, 2020.
On May 14, 2020, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <reviewmysnap.com> disputed domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the disputed domain name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 21, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 10, 2020 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@reviewmysnap.com. Also on May 21, 2020, 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 May 22, 2020.
On May 27, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Lynda M. Braun 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 disputed domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant holds valid trademark rights in the SNAPCHAT trademark in many jurisdictions worldwide. The disputed domain name is confusingly similar to Complainant’s SNAPCHAT and other trademarks incorporating the term “snap”. Further, Complainant has established that Respondent lacks rights or legitimate interests in the disputed domain name and that Respondent registered and is using the disputed domain name in bad faith.
B. Respondent
Respondent did not realize that the disputed domain name infringed the Complainant’s trademarks, thinking instead that the use she made of the disputed domain name was fair use. The Respondent further stated that she consents to transfer the <reviewmysnap.com> disputed domain name to Complainant.
C. Additional Submissions
An additional email submission was received from Respondent by the Center on May 21, 2020 in an attempt to determine how to resolve the issue in the case.
The Panel finds that the requests of the parties are identical, that is, Complainant requests the remedy of transfer of the disputed domain name, and Respondent has consented to the transfer of the disputed domain name to Complainant. Therefore, the Panel has decided to forego the traditional UDRP analysis and instead order an immediate transfer of the <reviewmysnap.com> disputed domain name from Respondent to Complainant. 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 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.”); 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 Panel concludes that the disputed domain name shall be transferred to Complainant.
Accordingly, it is Ordered that the <reviewmysnap.com> disputed domain name be TRANSFERRED from Respondent to Complainant.
Lynda M. Braun, Panelist
Dated: May 27, 2020
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