Bitwarden, Inc. v. Wang Cheng Xi
Claim Number: FA2203001986844
Complainant: Bitwarden, Inc. of Santa Barbara, California, United States of America.
Complainant Representative: Redfield IP PC of Redwood City, California, United States of America.
Respondent: Wang Cheng Xi of shang hai shi, shang hai shi, International, CN.
Respondent Representative: None Appearing
REGISTRIES and REGISTRARS
Registrar: Donuts URS
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
Charles A. Kuechenmeister, Examiner.
Complainant submitted: March 3, 2022
Commencement: March 4, 2022
Default Date: March 21, 2022
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.
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:
· the registered domain name is identical or confusingly similar to a word mark: (i) for which the Complainant holds a valid national or regional registration and that is in current use; or (ii) that has been validated through court proceedings; or (iii) that is specifically protected by a statute or treaty currently in effect and that was in effect at the time the URS Complaint was filed; and
· Respondent has no legitimate right or interest to the domain name; and
· the domain was registered and is being used in bad faith.
The Examiner finds as follows:
There is no genuine issue as to any material fact.
The BITWARDEN mark was registered to Complainant with the United States Patent and Trademark Office (USPTO) (Registration No. 6,227,472) on December 22, 2020 (USPTO Registration Certificate submitted with Complaint). Complainant is currently using that mark in connection with its business operations (Proof of Use screenshot submitted with Complaint). Complainant thus holds a valid national registration of its mark, and the mark is in current use. Further, the domain name is confusingly similar to Complainant’s mark, as Complainant’s BITWARDEN mark is clearly recognizable within the domain name.
The registrar lists “Wang Cheng Xi” as the registrant of the domain name. This name bears no resemblance to the domain name, and there is no evidence that the Respondent has been commonly known by the domain name. The URS Site Screenshot submitted with the Complaint displays the web site resolving from the domain name. It first provides a warning of possible phishing from the site sponsor. Subsequent pages of the site offer “crytomanctor tool” products for sale. The site thus purports to offer goods or services which compete with those of Complainant and poses risk of phishing. These uses do not confer any right or legitimate interest upon the Respondent. The Respondent has no legitimate right or interest to the domain name.
The evidence of respondent’s use of the domain name described immediately above also demonstrates that Respondent is using the domain name intentionally for commercial gain to attract Internet users to its site by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation or endorsement of its site. There is also strong suggestion of use of the domain name for a phishing scheme. This conduct fits within the circumstances set forth in Paragraph 1.2.6.3.d. of the URS and is manifest evidence of 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 that the following domain name be SUSPENDED for the duration of its registration.
Bitwarden.ltd
Charles A. Kuechenmeister, Examiner
Dated: March 23, 2022
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