Artistic Touch, LLC DBA Lazer Ladies v. hui wu
Claim Number: FA2306002047767
Complainant is Artistic Touch, LLC DBA Lazer Ladies ("Complainant"), represented by John L. Krieger of Dickinson Wright PLLC, Nevada, USA. Respondent is hui wu ("Respondent"), China.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <lazer-ladies.com>, registered with Name.com, 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 June 6, 2023; Forum received payment on June 6, 2023.
On June 7, 2023, Name.com, Inc. confirmed by email to Forum that the <lazer-ladies.com> domain name is registered with Name.com, Inc. and that Respondent is the current registrant of the name. Name.com, Inc. has verified that Respondent is bound by the Name.com, 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 June 12, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 3, 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@lazer-ladies.com. Also on June 12, 2023, 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 July 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 company that provides custom gifts and awards engraving services. Complainant has been using the LAZER LADIES mark in connection with its services for more than 16 years, and has been using a distinctive purple and green Double L logo since 2013. Complainant owns a United States trademark registration for LAZER LADIES in standard character form.
Respondent registered the disputed domain name <lazer-ladies.com> in June 2022. The domain name is being used for a website that promotes engraving services similar to those offered by Complainant. The website prominently repeatedly displays the LAZER LADIES mark and a logo identical to Complainant's purple and green Double L logo. 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 mark.
Complainant contends on the above grounds that the disputed domain name <lazer-ladies.com> is identical or confusingly similar to its LAZER LADIES 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 identical 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 <lazer-ladies.com> corresponds to Complainant's registered LAZER LADIES trademark, substituting a hyphen for the space and appending the ".com" top-level domain. Such alterations are normally disregarded for purposes of assessing identicality or confusingly similarity under paragraph 4(a)(i) of the Policy. See, e.g., Baron Capital Group, Inc. v. Steffen Bartsch, FA 1981840 (Forum Feb. 21, 2022) (finding <baron-capital.com> identical or confusingly similar to BARON CAPITAL); Montres Charmex S.A. v. Ammann & Co AG, FA 1036273 (Forum Sept. 2, 2007) (finding <swiss-military.com> identical to SWISS MILITARY). The Panel considers the disputed domain name to be identical 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, and it is being used for a website that attempts to pass off as Complainant 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. Nabeel Ahmed, FA 2037311 (Forum May 2, 2023) (finding lack of rights or interests in similar circumstances); Jonathan Adler Enterprises, LLC v. Hui Wu, D2022-3268 (WIPO Oct. 25, 2022) (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 registered a domain name corresponding to Complainant's registered mark and is using it for a website that attempts to pass off as Complainant to promote directly competing services, 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. Nabeel Ahmed, supra (finding bad faith registration and use in similar circumstances); Jonathan Adler Enterprises, LLC v. Hui Wu, 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 <lazer-ladies.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: July 16, 2023
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