Pantera Advisors LLC v. Ivan Popov
Claim Number: FA2112001978264
Complainant is Pantera Advisors LLC (“Complainant”), represented by Scott Kareff of Schulte Roth & Zabel LLP, New York, USA. Respondent is Ivan Popov (“Respondent”), International.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <pantera-capital.org>, registered with Registrar of Domain Names REG.RU LLC.
PANEL
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 December 22, 2021. The Forum received payment on December 24, 2021. The Complaint was received in English.
On December 25, 2021, Registrar of Domain Names REG.RU LLC confirmed by e-mail to the Forum that the <pantera-capital.org> domain name is registered with Registrar of Domain Names REG.RU LLC and that Respondent is the current registrant of the name. Registrar of Domain Names REG.RU LLC has verified that Respondent is bound by the Registrar of Domain Names REG.RU LLC registration agreement, which is in Russian, 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 December 29, 2021, the Forum served the English language Complaint and all Annexes, including an English and Russian language Written Notice of the Complaint, setting a deadline of January 18, 2022 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@pantera-capital.org. Also on December 29, 2021, the English and Russian language 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 January 24, 2022, 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 Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
Preliminary Issue: Language of Proceeding
As noted, the Registrar of Domain Names REG.RU LLC registration agreement is in Russian. Pursuant to Rule 11(a), the language of the proceeding in relation to the <pantera-capital.org> domain name shall be Russian unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.
The Panel notes that the domain name is in English and that persuasive evidence has been adduced by Complainant to suggest the likely possibility that the Respondent is conversant with and proficient in the English language. These circumstances satisfy the Panel that there would be no undue prejudice to Respondent if English were the language of the proceeding. Further, pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the English and Russian language Written Notice of the Complaint and, absent a Response, determines that the remainder of the proceeding may be conducted in English.
A. Complainant
Complainant, Pantera Advisors LLC, is a prominent investment adviser founded in 2004, focused on ventures, tokens and projects related to blockchain technology, digital currency and crypto assets. Complainant maintains its website at “www.pantera-capital.com”. It has rights in the PANTERA mark based upon registration with the United States Patent and Trademark Office (“USPTO”). The <pantera-capital.org> domain name is confusingly similar to Complainant’s mark.
Respondent does not have rights or legitimate interests in the <pantera-capital.org> domain name because Respondent is not commonly known by the domain name and is not authorized to use Complainant’s PANTERA mark. Additionally, Respondent fails to use the domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use because Respondent uses the domain to pass itself off as Complainant and phish for personal and financial information.
Respondent registered the <pantera-capital.org> domain name in bad faith with constructive and/or actual knowledge of Complainant’s rights in the PANTERA mark and uses the domain name to pass itself off as Complainant in furtherance of a phishing scheme for commercial gain.
According to the Registrar’s verification information, Respondent is located at “Titova 12k2, Abla, Almeria, 04510”. Titova 12k2 appears to be a high-rise building in Moscow, Russia. Abla is a town located in the province of Almeria, Spain. The postal zip code of 04510 is also located in Almeria, Spain. Hence Respondent has provided false WHOIS contact information in the registration of the 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 PANTERA mark based upon registration with the USPTO (e.g. Reg. No. 5,733,587, registered April 23, 2019). The Panel finds the <pantera-capital.org> domain name to be confusingly similar to Complainant’s mark because it incorporates the entire mark and merely adds a hyphen and the generic word “capital”, which do not distinguish the domain name from the mark, and the inconsequential “.com” generic top-level domain (“gTLD”), which may be ignored.
Complainant has established this element.
(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 <pantera-capital.org> domain name was registered on October 21, 2021, several years after Complainant has shown that its PANTERA mark had become very well-known. On November 22, 2021, an email, purporting to emanate from Complainant's "Fraud Prevention Team" at Complainant’s genuine address, was sent to an investor indicating that the recipient’s account had been frozen for AML (Anti-Money Laundering) reasons. The email invited the recipient to click a "View Status" link, which redirected the recipient to a website that incorporated the <pantera-capital.org> domain name and which sought money for Respondent, purporting to be Complainant.
These circumstances, together with Complainant’s assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <pantera-capital.org> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA1906001849706 (Forum July 17, 2019).
Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
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, including:
(iv) by using the domain name, 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 Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or of a product or service on its website or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant’s very well-known PANTERA mark when Respondent registered the <pantera-capital.org> domain name and that Respondent has fraudulently sought to impersonate Complainant and has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website, by creating a likelihood of confusion with Complainant’s mark as to the source of Respondent’s website in order to obtain sensitive personal and financial information. This demonstrates registration and use in bad faith under Policy ¶ 4(b)(iv).
Complainant has also shown that Respondent’s registration data as provided to the Registrar is false in several respects. This is an additional basis for a finding of bad faith.
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <pantera-capital.org> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: January 25, 2022
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page