Charter Communications Holding Company, LLC v. Integma Marketing
Claim Number: FA2212002024746
Complainant is Charter Communications Holding Company, LLC ("Complainant"), United States, represented by Julie Kent of Holland & Hart LLP, United States. Respondent is Integma Marketing ("Respondent"), Pakistan.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <spectrumcable.live>, registered with NameCheap, 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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to Forum electronically on December 20, 2022; Forum received payment on December 20, 2022.
On December 20, 2022, NameCheap, Inc. confirmed by email to Forum that the <spectrumcable.live> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 December 21, 2022, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 10, 2023 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@spectrumcable.live. Also on December 21, 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, Forum transmitted to the parties a Notification of Respondent Default.
On January 11, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed David E. Sorkin as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, 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 telecommunications company with more than 32 million customers in the United States. Complainant has used SPECTRUM and related marks in connection with cable television, internet, phone, and related telecommunications services since at least as early as 2014. Complainant owns United States trademark registrations for SPECTRUM and related marks in both standard character and stylized form.
The disputed domain name <spectrumcable.live> was registered in August 2022. The name is registered in the name of a privacy registration service on behalf of Respondent. The domain name is being used for a website that prominently features Complainant's SPECTRUM marks and logos, and that purports to offer television, internet, and voice services — the same services offered by Complainant. Complainant alleges that Respondent's website mimics the colors, fonts, layouts, and content of Complainant's website in an attempt to make it appear to be owned or authorized by Complainant. The website falsely states that Respondent is an "Authorized Reseller" for Complainant. Complainant alleges further that Respondent is likely using the domain name and corresponding website to support an email phishing scheme designed to extract payments or information from Complainant's business partners and customers. Complainant states that Respondent is not commonly known by the domain name, is not affiliated with Complainant, and is not authorized to use Complainant's marks.
Complainant contends on the above grounds that the disputed domain name <spectrumcable.live> is confusingly similar to its SPECTRUM 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 <spectrumcable.live> incorporates Complainant's registered SPECTRUM trademark, adding the generic term "cable" and the ".live" top-level domain. These alterations do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Charter Communications Holding Co., LLC v. Chester Roland, FA 1970670 (Forum Nov. 22, 2021) (finding <panoramacharter.live> confusingly similar to CHARTER); Charter Communications Holding Co., LLC v. Ammar Saleem, FA 1842970 (Forum June 6, 2019) (finding <spectrumcableoffer.com> confusingly similar to SPECTRUM TV). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.
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).
The disputed domain name incorporates Complainant's registered mark without authorization. It is being used for a misleading website that attempts to pass off as Complainant, promoting or purporting to promote directly competing services, and possibly for other fraudulent purposes. Such use does not give rise to rights or legitimate interests under the Policy. See, e.g., Charter Communications Holding Co., LLC v. Agha Nauroz, FA 2009487 (Forum Sept. 27, 2022) (finding lack of rights or interests in similar circumstances); Charter Communications Holding Co., LLC v. Ammar Saleem, 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.
Finally, Complainant must show that the disputed domain name was registered and is being used in bad faith. Under paragraph 4(b)(iii) of the Policy, bad faith may be shown by evidence that Respondent registered the disputed domain name "primarily for the purpose of disrupting the business of a competitor." Under paragraph 4(b)(iv), bad faith may be shown by evidence that "by using the domain name, [Respondent] intentionally attempted to attract, for commercial gain, Internet users to [Respondent's] web site 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 [Respondent's] web site or location or of a product or service on [Respondent's] web site or location."
Respondent used a privacy registration service to register a domain name incorporating Complainant's registered mark and is using it to pass off as Complainant and possibly for other fraudulent purposes. Such conduct is indicative of bad faith registration and use under the Policy. See, e.g., Charter Communications Holding Co., LLC v. Agha Nauroz, supra (finding bad faith registration and use in similar circumstances); Charter Communications Holding Co., LLC v. Ammar Saleem, supra (same). The Panel so finds.
Having considered the three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <spectrumcable.live> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: January 13, 2023
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