Opportunity Financial, LLC v. Zhichao Yang
Claim Number: FA2203001987139
Complainant is Opportunity Financial, LLC ("Complainant"), represented by Liz Brodzinski of Banner & Witcoff, Ltd., Illinois, USA. Respondent is Zhichao Yang ("Respondent"), China.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <opplaons.com>, registered with NameSilo, LLC.
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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to the Forum electronically on March 7, 2022; the Forum received payment on March 7, 2022.
On March 7, 2022, NameSilo, LLC confirmed by email to the Forum that the <opplaons.com> domain name is registered with NameSilo, LLC and that Respondent is the current registrant of the name. NameSilo, LLC has verified that Respondent is bound by the NameSilo, 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 March 15, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 4, 2022 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@opplaons.com. Also on March 15, 2022, the Written Notice of the Complaint, notifying Respondent of the email 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 April 8, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin 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.
A. Complainant
Complainant is a financial services company that provides personal short-term installment loans, including online personal loans and cash advances. Complainant has used the OPPLOANS mark in connection with its services since at least as early as 2010, and for most of that time has operated a website at the domain name <opploans.com>. Complainant owns a U.S. trademark registration for OPPLOANS in standard character form, issued in 2016, and also asserts common law rights in the mark.
The disputed domain name <opplaons.com> was registered in August 2015. The name is currently registered in the name of a privacy registration service on behalf of Respondent. The domain name is being used for a website composed of links to services offering personal loans, including links labeled "Opp Loan" and "Oppsloans Online." Complainant states that Respondent is not commonly known by the disputed domain name and is not authorized to use Complainant's mark. Complainant alleges further that Respondent has a long history of registering domain names in bad faith.
Complainant contends on the above grounds that the disputed domain name <opplaons.com> is confusingly similar to its OPPLOANS mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The Panel finds that the disputed domain name is confusingly similar to a mark in which Complainant has rights; that Respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
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 Overview of WIPO Panel Views on Selected UDRP Questions, § 4.3 (3d ed. 2017), available at http://www.wipo.int/amc/en/domains/search/overview3.0/; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) (dismissing complaint where complainant failed to "produce clear evidence to support its subjective allegations").
The disputed domain name <opplaons.com> is confusingly similar to Complainant's registered OPPLOANS mark. See, e.g., Citizens Financial Group, Inc. v. Zhichao Yang, FA 1817275 (Forum Jan. 1, 2019) (finding <citizensonepersonallaons.com> confusingly similar to CITIZENS ONE PERSONAL LOANS); Opportunity Financial, LLC v. Zhichao Yang, D2016-1524 (WIPO Sept. 8, 2016) (finding <opploan.com> confusingly similar to OPPLOANS).
Under the Policy, the Complainant must first make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the Respondent to come forward with concrete evidence of such rights or legitimate interests. See Hanna-Barbera Productions, Inc. v. Entertainment Commentaries, FA 741828 (Forum Aug. 18, 2006).
Respondent's use of the disputed domain name to link to services that compete with those offered by Complainant does not give rise to rights or legitimate interests under the Policy. See, e.g., Citizens Financial Group, Inc. v. Zhichao Yang, supra (finding lack of rights or interests in similar circumstances); Opportunity Financial, LLC v. Zhichao Yang, D2016-1524, supra (same).
Complainant has made a prima facie case that Respondent lacks rights and legitimate interests in the domain name, and Respondent has failed to come forward with any evidence of such rights or interests. Accordingly, the Panel finds that Complainant has sustained its burden of proving that Respondent lacks rights or legitimate interests in respect of the disputed domain name.
Respondent's use of the disputed domain name is indicative of bad faith registration and use under the Policy, and Respondent's use of a privacy registration service and history of bad faith domain name registrations lend further support to the inference of bad faith. See, e.g., Citizens Financial Group, Inc. v. Zhichao Yang, supra (finding bad faith in similar circumstances); Opportunity Financial, LLC v. Zhichao Yang, D2016-1524, supra (same). The Panel finds that the disputed domain name was registered and is being used in bad faith.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <opplaons.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: April 11, 2022
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