Bitwarden, Inc. v. Flint Alex
Claim Number: FA2301002029630
Complainant is Bitwarden, Inc. (“Complainant”), represented by Christine B Redfield of Redfield IP PC, United States of America. Respondent is Flint Alex (“Respondent”), Bulgaria.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <loginbitwarden.com>, 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 Forum electronically on January 30, 2023. Forum received payment on January 30, 2023. The Complaint was received in English.
On January 31, 2023, Registrar of Domain Names Reg.Ru Llc confirmed by e-mail to Forum that the <loginbitwarden.com> 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”).
In response to a deficiency letter from Forum dated January 31, 2023, Complainant submitted an Amended Complaint in both Russian and English on February 3, 2023.
On February 6, 2023, Forum served the Russian language Amended Complaint and all Annexes, including a Russian and English language Written Notice of the Complaint, setting a deadline of February 27, 2023 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@loginbitwarden.com. Also on February 6, 2023, the Russian and English 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, Forum transmitted to the parties a Notification of Respondent Default.
On March 8, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury 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.
PRELIMINARY ISSUE: LANGUAGE OF PROCEEDINGS
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 <loginbitwarden.com> domain name shall be Russian unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.
The Panel notes that the <loginbitwarden.com> domain name is in English and resolves to an English language website. In the absence of any Response, these circumstances satisfy the Panel that Respondent is likely to be proficient in English and 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 Russian language Amended Complaint and the English and Russian language Written Notice of the Complaint and, absent a Response, determines that the remainder of the proceedings may be conducted in English.
A. Complainant
Complainant, Bitwarden, Inc., offers password management and related security software. Complainant registered the domain name <bitwarden.com> on November 16, 2015 and uses it for its website, with a login page at “www.vault.bitwarden.com”. Complainant has rights in the BITWARDEN mark through registrations with the United States Patent and Trademark Office (“USPTO”). Respondent’s <loginbitwarden.com> domain name is confusingly similar to Complainant’s BITWARDEN mark.
Respondent lacks rights and legitimate interests in the <loginbitwarden.com> domain name. Respondent is not commonly known by the domain name, nor has Complainant authorized or licensed Respondent to use its BITWARDEN mark in the domain name. Respondent does not use the domain name for any bona fide offering of goods or services, nor a legitimate noncommercial or fair use, but instead diverts users while passing itself off as Complainant and engaging in phishing.
Respondent registered and uses the <loginbitwarden.com> domain name in bad faith. Respondent disrupts Complainant’s business while attracting users for commercial gain, creating a likelihood of confusion, and passing itself off as Complainant to engage in a phishing scheme.
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 BITWARDEN mark through registration with the USPTO (e.g. Reg. No. 5,580,631, registered on October 9, 2018 and assigned to Complainant as of November 30, 2019). The Panel finds Respondent’s <loginbitwarden.com> domain name to be confusingly similar to Complainant’s BITWARDEN mark as it incorporates the mark in its entirety while adding the descriptive term “login”, which does not suffice to distinguish the domain name from the mark, along with the inconsequential “.com” generic top-level domain (“gTLD”), which may be ignored.
Complainant has established this element.
Rights or Legitimate Interests
(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 <loginbitwarden.com> domain name was registered on January 28, 2023, several years after Complainant acquired rights in its BITWARDEN mark. It resolves to a website at “www.loginbitwarden.com” that redirects to “www.vaultbitwerden.com”, a site that displays a replica of Complainant’s “www.vault.bitwarden.com” login page, including Complainant’s BITWARDEN mark and its corporate name, and which seeks personal data such as credentials, passwords and other personal identifying information in the login field.
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 <loginbitwarden.com> 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 BITWARDEN mark when Respondent registered the <loginbitwarden.com> domain name and that Respondent 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 and of the services promoted on that website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
Further, Respondent has registered and is using the domain name in bad faith for the purpose of phishing for sensitive personal information by impersonating Complainant.
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 <loginbitwarden.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: March 11, 2023.
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