Woot LLC v. hh hh
Claim Number: FA2212002025139
Complainant is Woot LLC ("Complainant"), United States, represented by David J. Diamond of Richard Law Group, Inc., United States. Respondent is hh hh ("Respondent"), Hong Kong.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <woot-mall.com>, 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 22, 2022; Forum received payment on December 22, 2022.
On December 22, 2022, NameCheap, Inc. confirmed by email to Forum that the <woot-mall.com> 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 30, 2022, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 19, 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@woot-mall.com. Also on December 30, 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 26, 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 and its predecessors in interest have offered online retail services via the domain name <woot.com> and the trademarks WOOT, WOOT!, and a Woot Logo since 2004. Complainant owns United States trademark registrations for WOOT and WOOT! in standard character form, for WOOT! in stylized form, and for a design mark consisting of a stylized exclamation mark superimposed on a circle.
The disputed domain name <woot-mall.com> was registered in November 2022. The name is registered in the name of a privacy registration service on behalf of Respondent. The Panel notes that the underlying registration data supplied by Respondent appear to be at least partially fictitious — for example, the street address is "asds," the city is Shanghai, and the country is Hong Kong. The domain name is being used for a website that displays Complainant's WOOT marks and logo along with other elements copied from Complainant's website, and that Complainant alleges is impersonating Complainant to offer competing services and phish for personal information. Complainant states that Respondent registered the disputed domain name shortly after the commencement of another proceeding under the Policy, Woot LLC v. hh hh, FA 2018183 (Forum Dec. 1, 2022) (ordering transfer of <woot.work>), and describes Respondent's website as virtually identical to the website at issue in that prior proceeding. Complainant states further that Respondent is not commonly known by the domain name and is not authorized to use Complainant's marks.
Complainant contends on the above grounds that the disputed domain name <woot-mall.com> is confusingly similar to its WOOT marks; 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 <woot-mall.com> incorporates Complainant's registered WOOT trademark, adding a hyphen, the generic term "mall," and the ".com" top-level domain. These additions do not substantially diminish the similarity between the domain name and Complainant's mark. See, e.g., Woot LLC v. hh hh, FA 2018183, supra (finding <woot.work> confusingly similar to WOOT and WOOT!); Target Brands, Inc. v. Jin Sub Lee & Baronis, FA 536860 (Forum Sept. 27, 2005) (finding <target-mall.com> confusingly similar to TARGET). The Panel considers the disputed domain name to be confusingly similar to a mark in which Complainant has rights.
For substantially the same reasons as those set forth in Woot LLC v. hh hh, FA 2018183, supra, which involved the same parties, a similar domain name, and virtually identical facts, the Panel finds that Respondent lacks rights or legitimate interests in respect of the disputed domain name.
For substantially the same reasons as those set forth in Woot LLC v. hh hh, FA 2018183, supra (and also noting Respondent's use of false registration data and the timing of the registration of the disputed domain name in this case), the Panel finds that Respondent registered and is using the disputed domain name 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 <woot-mall.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: January 27, 2023
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