Coupang Corporation v. Host Master / 1337 Services LLC / \ub450\ud658 \uae40
Claim Number: FA2103001936673
Complainant is Coupang Corporation (“Complainant”), represented by Jonathan Uffelman of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, District of Columbia, USA. Respondents are Host Master / 1337 Services LLC and \ub450\ud658 \uae40, Saint Kitts and Nevis.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <topang.com>, <topang.net>, <topang3.net> and <topang3.com>, registered with GoDaddy.com, LLC and 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.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to the Forum electronically on March 15, 2021. The Forum received payment that day.
On March 16, 2021 Tucows Domains Inc. confirmed by e-mail to the Forum that the <topang.com>, <topang3.net> and <topang3.com> domain names are registered with Tucows Domains Inc. and that Respondent Host Master / 1337 Services LLC is the current registrant of the names.
On March 17, 2021, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <topang.net>, domain name is registered with GoDaddy.com, LLC and that Respondent \ub450\ud658 \uae40 is the current registrant of the name.
Tucows Domains Inc. and GoDaddy.com, LLC have verified that Respondents are bound by their respective 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 17, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 6, 2021 by which Respondents could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondents’ registrations as technical, administrative, and billing contacts, and to postmaster@topang.com, postmaster@topang.net, postmaster@topang3.net, postmaster@topang3.com. Also on March 17, 2021, the Written Notice of the Complaint, notifying Respondents of the e-mail addresses served and the deadline for a Response, was transmitted to Respondents via post and fax, to all entities and persons listed on Respondents’ registrations as technical, administrative and billing contacts.
Having received no response from Respondents, the Forum transmitted to the parties a Notification of Respondent Default.
On April 8, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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 Respondents.
Complainant requests that the domain names be transferred from Respondents to Complainant.
PRELIMINARY ISSUE: MULTIPLE RESPONDENTS
Paragraph 3(c) of the Rules 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”. Paragraph 1(d) of the Forum's Supplemental Rules defines “The Holder of a Domain Name Registration” as “the single person or entity listed in the registration information, as verified by the Registrar, at the time of commencement” and sub-paragraph 1(d)(i) provides that a Complainant wishing to make an argument for a single Respondent having multiple aliases must comply with Supplemental Rules 4(c) and 17(a)(i).
Complainant contends that the Domain Names are effectively controlled by the same person because they all incorporate an identical misspelling of “Coupang”; the <topang3.net> domain resolves to the <topang.com> website; the <topang.com> and <topang.net> websites are almost identical; the <topang.com> website explicitly references the <topang3.net> and <topang.net> websites; the <topang3.net> and <topang3.com> domain names were both registered on the same day; and the <topang.com>, <topang3.com>, and <topang3.net> domain names are registered with the same registrar. All the domain name registrants are listed as being from Charleston, Saint Kitts and Nevis.
In the absence of any evidence to the contrary, these circumstances demonstrate sufficient commonality as between the domain names to satisfy the Panel that they are commonly owned or controlled by a single person who is using multiple aliases. Henceforth this decision will refer to Host Master / 1337 Services LLC and \ub450\ud658 \uae40 as “Respondent”.
A. Complainant
Complainant, Coupang Corporation, is an online retail shopping company based in Korea. Complainant has rights in the COUPANG mark based on numerous registrations, including with the Korean Intellectual Property Office and the United States Patent and Trademark Office (“USPTO”). Complainant also has common law rights in the mark dating back to 2010. Respondent’s <topang.com>, <topang.net>, <topang3.net> and <topang3.com> domain names are confusingly similar to Complainant’s COUPANG mark.
Respondent does not have rights or legitimate interests in the domain names. Respondent is not commonly known by the names and is not authorized by Complainant to use the COUPANG mark. Further, Respondent fails to use the domain names for any bona fide offering of goods or services, or for any legitimate noncommercial or fair use. Instead, Respondent passes itself off as Complainant and displays explicit material at three of the domain names, while inactively holding the <topang3.com> domain name.
Respondent registered and is using the domain names in bad faith. Respondent had knowledge of Complainant’s rights in the COUPANG mark at the time the domain names were registered and displays a pattern of bad faith by registering four domain names incorporating that mark. Respondent uses the <topang.com>, <topang.net>, and <topang3.net> domain names to pass itself off as Complainant and display explicit material, while failing to make any active use of the <topang3.com> domain name.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant has established all the elements entitling it to relief.
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 set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (“Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint”).
Complainant has shown that it has rights in the COUPANG mark based on registrations with the Korean Intellectual Property Office, (Reg. No. 0224196, registered December 13, 2011 based on an application made on July 26, 2010) and with the USPTO (Reg. No. 5,173,689, registered April 4, 2017).
Complainant has also shown that when its website at “www.coupang.com” launched in August, 2010, 7000 customers signed up in the first week and by the end of that year Complainant had generated $5 million in revenue. This evidence satisfies the Panel that Complainant has common law rights in the COUPANG mark dating back to 2010.
The Panel finds Respondent’s <topang.com>, <topang.net>, <topang3.net and <topang3.com> domain names to be confusingly similar to Complainant’s COUPANG mark because they all substitute a “t” for the “c” in the mark and delete the letter “u”. Two of the domain names also add the number “3”. None of these changes is sufficient to distinguish any of the domain names from the mark. The inconsequential generic top-level domains “.com” and “.net” may be ignored.
Complainant has established this element.
Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by Respondent, shall demonstrate rights to or legitimate interests in a disputed domain name for the purposes of paragraph 4(a)(ii) of the Policy, i.e.
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <topang.com> domain name was originally registered to a registrant in Tokyo on January 24, 2011, several months after the launch of Complainant’s business and after Complainant had acquired common law trademark rights in the COUPANG mark. Complainant has produced evidence indicating that the <topang.com> domain name was transferred to a registrant in New Jersey and, as of January 27, 2021, to the current registrant in Charleston, Saint Kitts and Nevis. The <topang.net> domain name was registered on September 24, 2019, and the <topang3.net> and <topang3.com> domain names were both registered on July 24, 2020. Accordingly, all four domain names were registered to their current registrants after Complainant had acquired common law rights and had also registered its COUPANG mark in Korea and the United States.
The <topang3.com> domain name is currently inactive. The <topang.com>, <topang.net>, <topang3.net> domain names resolve to websites displaying imitations of Complainant’s logos and having the look and feel of Complainant’s “www.coupang.com” website.
These circumstances, coupled with Complainant’s assertions, constitute a prima facie case that Respondent lacks rights and legitimate interests in the <topang.com>, <topang.net>, <topang3.net>, and <topang3.com> domain names under Policy ¶ 4(a)(ii). Accordingly, the burden shifts to Respondent to show he does have rights or legitimate interests. See Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014). Respondent has made no attempt to do so.
In the circumstances of this case, the Panel finds that Respondent has no rights or legitimate interests in respect of the <topang.com>, <topang.net>, <topang3.net>, and <topang3.com> domain names under Policy ¶ 4(a)(ii).
Complainant has established this element.
Paragraph 4(b) of the Policy sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of the domain name in bad faith for purposes of paragraph 4(a)(iii) of the Policy, i.e.
(i) circumstances indicating that the respondent 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 the respondent’s documented out-of-pocket costs directly related to the domain name; or
(ii) the respondent has registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the respondent has engaged in a pattern of such conduct; or
(iii) the respondent has registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, the respondent has intentionally attempted to attract, for commercial gain, Internet users to its website 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 the respondent’s website or location or of a product or service on its website or location.
In light of the circumstances described above in relation to the second element, the Panel finds that that Respondent was well aware of Complainant’s COUPANG mark when registering all four domain names and registered the <topang.com>, <topang.net>, and <topang3.net> domain names intentionally to attract, for commercial gain, Internet users to the websites to which those domain names resolve, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation or endorsement of those websites. The Panel therefore finds that Respondent registered and is using the <topang.com>, <topang.net> and <topang3.net> domain names in bad faith under Policy ¶ 4(b)(iv).
The fact that the <topang3.com> domain name was registered by Respondent on the same day as the <topang3.net> domain name satisfies the Panel that, in the hands of Respondent, the inactive use of the <topang3.com> domain name is use in bad faith. The Panel therefore finds that Respondent registered and is using the <topang3.com> domain name in bad faith under Policy ¶ 4(b)(iii).
Complainant has established this element.
DECISION
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <topang.com>, <topang.net>, <topang3.net> and <topang3.com> domain names be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: April 12, 2021
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