Amazon Technologies, Inc. v. KG Enterprises / jamie / lunacere / Host Master / 1337 Services LLC / Luiton Wale / Borat Mar / Baris Tada / Reneal Vente / julan pirali
Claim Number: FA2303002037991
Complainant is Amazon Technologies, Inc. (“Complainant”), represented by James F. Struthers of Richard Law Group, Inc., Texas, USA. Respondents are KG Enterprises / jamie / lunacere / Host Master / 1337 Services LLC / Luiton Wale / Borat Mar / Baris Tada / Reneal Vente / julan pirali (“Respondents”), USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <amzconnect.co>, <amzsale.co>, <amzsaleamazon.com>, <amzwallet.co>, <amzwalletapp.com>, <amzn-wallet.app>, <amznwallet.co>, <amznconnect.co>, <wcamazon.com> and <amztokens.co>, registered with Eranet International Limited; Namesilo, Llc; Tucows Domains Inc. and Hosting Concepts B.V. D/B/A Registrar.Eu.
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 March 29, 2023. Forum received payment on March 29, 2023.
On March 29, 2023, March 30, 2023, April 4, 2023 and April 9, 2023, Eranet International Limited, Namesilo, Llc, Tucows Domains Inc. and Hosting Concepts B.V. D/B/A Registrar.Eu, confirmed by e-mail to Forum that the <amzconnect.co>, <amzsale.co>, <amzsaleamazon.com>, <amzwallet.co>, <amzwalletapp.com>, <amzn-wallet.app>, <amznwallet.co>, <amznconnect.co>, <wcamazon.com> and <amztokens.co> domain names are registered with Eranet International Limited, Namesilo, Llc, Tucows Domains Inc. and Hosting Concepts B.V. D/B/A Registrar.Eu and that Respondents are the current registrants of the names. Eranet International Limited, Namesilo, Llc, Tucows Domains Inc. and Hosting Concepts B.V. D/B/A Registrar.Eu have verified that Respondents are bound by the Eranet International Limited, Namesilo, Llc, Tucows Domains Inc. and Hosting Concepts B.V. D/B/A Registrar.Eu registration agreements and have thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On April 20, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 10, 2023 by which Respondents could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondents’ registrations as technical, administrative, and billing contacts, and to postmaster@amzconnect.co, postmaster@amzsale.co, postmaster@amzsaleamazon.com, postmaster@amzwallet.co, postmaster@amzwalletapp.com, postmaster@amzn-wallet.app, postmaster@amznwallet.co, postmaster@amznconnect.co, postmaster@wcamazon.com, postmaster@amztokens.co. Also on April 20, 2023, the Written Notice of the Complaint, notifying Respondents of the e-mail addresses served and the deadline for a Response, was transmitted to Respondents via post and fax, to all entities and persons listed on Respondents’ registrations as technical, administrative and billing contacts.
Having received no response from Respondents, Forum transmitted to the parties a Notification of Respondent Default.
On May 17, 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 names be transferred from Respondents to Complainant.
PRELIMINARY ISSUE: MULTIPLE RESPONDENTS
Paragraph 3(c) of the Rules provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder”. Paragraph 1(d) of the Forum's Supplemental Rules defines “The Holder of a Domain Name Registration” as “the single person or entity listed in the registration information, as verified by the Registrar, at the time of commencement” and sub-paragraph 1(d)(i) provides that a Complainant wishing to make an argument for a single Respondent having multiple aliases must comply with Supplemental Rules 4(c) and 17(a)(i).
Complainant contends that, for the following reasons, the <amzconnect.co>, <amzsale.co>, <amzsaleamazon.com>, <amzwallet.co>, <amzwalletapp.com>, <amzn-wallet.app>, <amznwallet.co>, <amznconnect.co>, <wcamazon.com> and <amztokens.co> domain names are effectively controlled by the same person and/or entity, which is operating under several aliases:
· the domain names resolve or have resolved to substantially identical websites promoting the same cryptocurrency scheme;
· the same nominal registrant is listed for <amzconnect.co> and <amznconnect.co.com>;
· the domain names <amzconnect.co>, <amzwalletapp.com>, <amznconnect.co>, <amznwallet.co>, and <amztokens.co> share the same registrar;
· the domain names <amzsale.co>, <amzsaleamazon.com> and <wcamazon.com> share the same registrar;
· the domain names other than <wcamazon.com> all start with AMZ;
· the nominal registrants Host Master / 1337 Services LLC and Baris Tada have been previously found to use multiple aliases. See Amazon Technologies, Inc. v. Baris Tada / Baris Dariscu / Paul Barascu, FA2208002010345 (Forum Sept. 28, 2022) and The Vanguard Group, Inc. v. Host Master / 1337 Services LLC / egos evgenevich / igor borvolski / iva ludic / Whois Privacy Protection Foundation / Hosting Concepts BV d/b/a Registrar.eu / Dane McBeth / Layton Media LTD., FA2208002007826 (Forum Sept. 27, 2022);
· the nominal registrants for <amzconnect.co>, <amznconnect.co>, and <amztokens.co> use the same email address, getonet@proton.me; and
· the nominal registrants for <amzconnect.co>, <amznconnect.co>, <amzsaleamazon.com>, <amzwalletapp.com> and <amztokens.co> all use proton.me email addresses.
In the absence of any evidence to the contrary, the above circumstances demonstrate sufficient commonality as between the domain names to satisfy the Panel that they are commonly owned or controlled by a single person who is using multiple aliases. Henceforth this decision will refer to KG Enterprises / jamie / lunacere / Host Master / 1337 Services LLC / Luiton Wale / Borat Mar / Baris Tada / Reneal Vente / julan pirali as “Respondent”.
A. Complainant
Complainant, Amazon Technologies, Inc., is an online retailer providing a variety of services, including a virtual currency, credit cards and payment services. Complainant has rights in the AMAZON, AMZ, and AMZN marks through numerous trademark registrations with e.g., the United States Patent and Trademark Office (“USPTO”), the United Kingdom Intellectual Property Office (“UKIPO”) and the European Union Intellectual Property Office (“EUIPO”). Respondent’s domain names are confusingly similar to Complainant’s marks.
Respondent lacks rights or legitimate interests in the domain names. Respondent is not licensed or authorized to use Complainant’s marks and is not commonly known by any of the domain names. Respondent does not use the domain names for any bona fide offering of goods or services or legitimate noncommercial or fair use. Rather, Respondent uses the domain names to attract Internet traffic to sites that pass Respondent off as Complainant and promote a fake Amazon cryptocurrency scheme. Several domain names are currently inactive.
Respondent registered the domain names in bad faith with actual knowledge of Complainant’s rights in its marks. There is a pattern of bad faith conduct. Respondent is using the domain names in bad faith to trade off the goodwill in Complainant’s marks and to pass itself off as Complainant while engaging in fraud.
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 AMAZON, AMZ, and AMZN marks through numerous trademark registrations e.g., USPTO Reg. No. 2,078,496 AMAZON, registered on July 15, 1997; UKIPO Reg. No. UK00003731802 AMZ, registered on March 18, 2022 and EUIPO Reg. No. 007043888 AMZN, registered on January 7, 2009.
Complainant also has rights in an Amazon Logo mark, USPTO Reg. No. 5,508,999, registered on July 3, 2018.
The Panel finds each of the <amzconnect.co>, <amzsale.co>, <amzsaleamazon.com>, <amzwallet.co>, <amzwalletapp.com>, <amzn-wallet.app>, <amznwallet.co>, <amznconnect.co>, <wcamazon.com> and <amztokens.co> domain names to be confusingly similar to one or more of Complainant’s marks as they include one or more of the entire AMZ, AMZN and AMAZON marks. Each domain name adds a generic or descriptive term (“app,” “connect,” “sale,” “tokens,” “wallet”) or the letters “wc”. One domain name adds a hyphen. These differences are insufficient to distinguish any of the domain names from any of Complainant’s marks. The inconsequential generic and country code top-level domains “.com”, “.app” and “.co” 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 names or names corresponding to the domain names 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 names, 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 names, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
Although Complainant’s UKIPO mark AMZ was not registered until the month after Respondent registered the <amznconnect.co> domain name, “AMZ” has been found to be an abbreviation of Complainant’s AMAZON mark. See Amazon Technologies, Inc. v. klnern, FA2201001980420 (Forum Feb. 15, 2022) (“The Panel finds that [<amztokens.net>] is confusingly similar to the AMAZON mark since it incorporates an abbreviation ‘amz’ of the AMAZON mark and adds the term ‘tokens’ and the ‘.net’ gTLD.”); Amazon Technologies, Inc. v. Houston, FA2201001979865 (Forum Feb. 10, 2022) (finding <amztoken.org>, <amztokensales.net>, <amzsalestoken.net> and <amz-projects.com> confusingly similar to AMAZON and noting, “Complainant argues that the letters ‘amz’ are clearly an abbreviation for its AMAZON mark … the Panel agrees…”); Amazon Technologies, Inc. v. Oksana, FA1804001780758 (Forum May 9, 2018) (finding <amz.broker> confusingly similar to AMAZON because AMZ “is a recognizable abbreviation of Complainant’s mark (and the web site contains several elements of Complainant’s logo)”).
The domain names <amzconnect.co>, <amznconnect.co> and <amztokens.co> resolve to substantially identical websites that prominently display Complainant’s Amazon Logo mark and purport to emanate from Complainant to promote a fake AMAZON cryptocurrency service: “Amazon Crypto” “AMZ” currency. The copyright legends attribute authorship of these websites to Complainant’s parent entity Amazon.com, Inc. The remaining domain names do not currently resolve to active websites but Complainant has shown that they have all previously resolved to substantially similar websites promoting the same scheme.
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 names on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <amzconnect.co>, <amzsale.co>, <amzsaleamazon.com>, <amzwallet.co>, <amzwalletapp.com>, <amzn-wallet.app>, <amznwallet.co>, <amznconnect.co>, <wcamazon.com> and <amztokens.co> domain names. See Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014). Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain names.
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 names in bad faith for purposes of paragraph 4(a)(iii) of the Policy, including:
(iv) by using the domain names, 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 famous AMAZON mark and its abbreviations AMZ and AMZN when Respondent registered the <amzconnect.co>, <amzsale.co>, <amzsaleamazon.com>, <amzwallet.co>, <amzwalletapp.com>, <amzn-wallet.app>, <amznwallet.co>, <amznconnect.co>, <wcamazon.com> and <amztokens.co> domain names and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s websites, by creating a likelihood of confusion with Complainant’s marks as to the source of Respondent’s websites and of the goods and services promoted on those websites. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
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 <amzconnect.co>, <amzsale.co>, <amzsaleamazon.com>, <amzwallet.co>, <amzwalletapp.com>, <amzn-wallet.app>, <amznwallet.co>, <amznconnect.co>, <wcamazon.com> and <amztokens.co> domain names be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: May 19, 2023
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page