DECISION

 

Logitech International S.A. v. Ivan Vynnytskyy

Claim Number: FA2401002077583

 

PARTIES

Complainant is Logitech International S.A. ("Complainant"), represented by Christopher Dolan of Barnes & Thornburg LLP, Illinois, USA. Respondent is Ivan Vynnytskyy ("Respondent"), Ukraine.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <logitechg502.com>, registered with 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.

 

Paul M. DeCicco, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 3, 2024; Forum received payment on January 3, 2024.

 

On January 11, 2024, Hosting Concepts B.V. d/b/a Registrar.eu confirmed by e-mail to Forum that the <logitechg502.com> domain name is registered with Hosting Concepts B.V. d/b/a Registrar.eu and that Respondent is the current registrant of the name. Hosting Concepts B.V. d/b/a Registrar.eu has verified that Respondent is bound by the Hosting Concepts B.V. d/b/a Registrar.eu 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 January 12, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 1, 2024 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@logitechg502.com. Also on January 12, 2024, the 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 February 2, 2024, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Paul M. DeCicco 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.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant contends as follows:

 

Complainant is a leading worldwide provider of personal peripherals and computer and mobile accessories for PC navigation, video communication and collaboration, must and smart home.

 

Complainant has rights in the LOGITECH and LOGITECH G marks through their registration with the United States Patent and Trademark Office ("USPTO").

 

Respondent's <logitechg502.com> domain name is confusingly similar to Complainant's LOGITECH mark. Respondent includes Complainant's LOGITECH mark and LOGITECH and LOGITECH G marks in their entirety with the only insignificant differences being the addition of the number "502" and the ".com" generic top-level domain ("gTLD").

 

Respondent has no rights or legitimate interests in the <logitechg502.com> domain name. Respondent is not commonly known by the disputed domain name and is not affiliated with or authorized by Complainant to use its trademarks. Respondent also fails to have made a bona fide offering of goods or services or legitimate noncommercial or fair use of the domain name. Instead, Respondent uses the domain name to address a website intending to impersonate Complainant's officially sanctioned websites. The <logitechg502.com> website displays Complainant's LOGITECH and LOGITECH G trademarks and logos, copyrighted photos of LOGITECH and LOGITECH G branded products, and offers drivers and software for such products.

 

Respondent registered and used the <logitechg502.com> domain name in bad faith as Respondent uses Complainant's LOGITECH and LOGITECH G mark in its domain name in order to create confusion with Complainant and deceive consumers into believing the domain name and referenced website are each sponsored by Complainant. Respondent also uses the disputed domain name to offer software downloads related to Complainant's products. Respondent must have had actual knowledge of Complainant's rights in the LOGITECH and LOGITECH G marks prior to its registration of the disputed domain.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

Complainant has rights in the LOGITECH and LOGITECH G trademarks through its registration of such marks with the USPTO.

 

Respondent is not affiliated with Complainant and had not been authorized to use Complainant's trademark in any capacity.

 

Respondent registered the at‑issue domain name after Complainant acquired rights in the LOGITECH and LOGITECH G trademarks.

 

Respondent's <logitechdownloads.com> domain name addresses a website mimicking Complainant's genuine websites that offers downloadable software for products related to Complainant

 

DISCUSSION

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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").

 

Identical and/or Confusingly Similar

The at-issue domain is confusingly similar to a trademarks in which Complainant has rights.

 

Complainant shows that it has a USPTO registration for its LOGITECH and LOGITECH G trademarks. Such registrations are sufficient to demonstrate Complainant's rights in the LOGITECH and LOGITECH G marks under Policy ¶ 4(a)(i). See Microsoft Corp. v. Burkes, FA 652743 (Forum Apr. 17, 2006) ("Complainant has established rights in the MICROSOFT mark through registration of the mark with the USPTO.").

 

Respondent's <logitechg502.com> domain name contains Complainant's LOGITECH and LOGITECH G trademarks followed by the number "502" with all followed by the top-level domain name ".com". The differences between Respondent's domain name and Complainant's trademarks are insufficient to distinguish the <logitechg502.com> domain name from Complainant's trademarks for the purposes of Policy ¶ 4(a)(i). Therefore, the Panel concludes that Respondent's <logitechg502.com> domain name is confusingly similar to each of Complainant's LOGITECH and LOGITECH G trademarks. See Microsoft Corporation v. Thong Tran Thanh, FA 1653187 (Forum Jan. 21, 2016) (determining that confusing similarity exists where [a disputed domain name] contains Complainant's entire mark and differs only by the addition of a generic or descriptive phrase and top-level domain, the differences between the domain name and its contained trademark are insufficient to differentiate one from the other for the purposes of the Policy).

 

Rights or Legitimate Interests

Under Policy ¶ 4(a)(ii), Complainant must first make out a prima facie case showing that Respondent lacks rights and legitimate interests in respect of an at-issue domain name and then the burden, in effect, shifts to Respondent to come forward with evidence of its rights or legitimate interests.  See Hanna-Barbera Prods., Inc. v. Entm't Commentaries, FA 741828 (Forum Aug. 18, 2006).

 

Respondent lacks both rights and legitimate interests in respect of the at-issue domain name. Respondent is not authorized to use Complainant's trademark in any capacity and, as discussed below, there are no Policy ¶4(c) circumstances from which the Panel might find that Respondent has rights or interests in respect of the at‑issue domain name.

 

The WHOIS information for <logitechg502.com> identifies the domain name's registrant as "Ivan Vynnytskyy" and the record before the Panel contains no evidence showing that Respondent is commonly known by the <logitechg502.com> domain name. The Panel therefore concludes that Respondent is not commonly known by <logitechg502.com> for the purposes of Policy ¶ 4(c)(ii). See Emerson Electric Co. v. golden humble / golden globals, FA 1787128 (Forum June 11, 2018) ("lack of evidence in the record to indicate a respondent is authorized to use [the] complainant's mark may support a finding that [the] respondent does not have rights or legitimate interests in the disputed domain name per Policy ¶ 4(c)(ii)").

 

Respondent uses the <logitechg502.com> domain name to pass itself off as Complainant in furtherance of offering downloadable software for products related to Complainant via Respondent's <logitechg502.com> website. The website displays Complainant's trademarks and unauthorized images of Complainant's products. Respondent's use the of the domain name in this manner is neither a bona fide offering of goods or services under Policy ¶ 4 (c)(i), nor a non-commercial or fair use pursuant to Policy ¶ 4(c)(iii). See Ripple Labs Inc. v. Jessie McKoy / Ripple Reserve Fund, FA 1790949 (Forum July 9, 2018) (finding the respondent did not use the domain name to make a bona fide offering of goods or services per Policy ¶ 4(c)(i) or for a legitimate noncommercial or fair use per Policy ¶ 4(c)(iii) where the website resolving from the disputed domain name featured the complainant's mark and various photographs related to the complainant's business).

 

Given the forgoing, Complainant satisfies its initial burden and shows Respondent's lack of rights and legitimate interests in the at-issue domain name under Policy ¶4(a)(ii).

 

Registration and Use in Bad Faith

As discussed below without limitation, bad faith circumstances are present from which the Panel concludes that Respondent acted in bad faith pursuant to the Policy.

 

Respondent uses the <logitechg502.com> domain name to host a website displaying Complainant's trademark and product images. Using the confusingly similar domain names in this manner demonstrates Respondent's bad faith under Policy ¶ 4(b)(iv). See BBY Solutions, Inc. v. Grant Ritzwoller, FA 1703389 (Forum Dec. 21, 2016) (finding bad faith because the <bestbuyus.com> domain name was obviously connected with the complainant's well-known BEST BUY mark, thus creating a likelihood of confusion strictly for commercial gain).

 

Next, Respondent's <logitechg502.com> website offers software for download related to LOGITECH and LOGITECH G branded products. Respondent's use of the at-issue domain name to offer unauthorized download services indicates Respondent's bad faith per Policy ¶ 4(b)(iii) and Policy ¶ 4(b)(iv). See Ontel Products Corporation v. waweru njoroge, FA 1762229 (Forum Dec. 22, 2017) (finding that the disputed domain name was registered and used in bad faith pursuant to Policy ¶¶ 4(b)(iii) and (iv) through the respondent's registration and use of the infringing domain name to reference the complainant's products and offer competitive and/or counterfeit products). Further, Respondent's primary purpose for registering and using the at-issue domain name was apparently to deceive consumers as to the source or sponsorship of the website addressed by the <logitechg502.com> domain name, which also shows Respondent's bad faith. See Logitech International S.A. v. Alexander Walker, FA 1860966 (Forum Sept. 13, 2019) (finding bad faith where Respondent's use of the contested <logitechdownload.com> domain name to offer the same goods and services as Complainant disrupts Complainant's business).

 

Finally, Respondent had actual knowledge of Complainant's rights in the LOGITECH and LOGITECH G marks when it registered <logitechg502.com> as a domain name. Respondent's actual knowledge is evident from the notoriety of Complainant's trademarks, as well as from Respondent's use of Complainant's trademarks and related intellectual property on the <logitechg502.com> website. Registering and using a confusingly similar domain name with knowledge of Complainant's rights in LOGITECH and LOGITECH G further shows Respondent's bad faith registration and use pursuant to the Policy. See Minicards Vennootschap Onder FIrma Amsterdam v. Moscow Studios, FA 1031703 (Forum Sept. 5, 2007) (holding that respondent registered a domain name in bad faith under Policy ¶ 4(a)(iii) after concluding that respondent had actual knowledge of Complainant's mark when registering the disputed domain name); see also, Univision Comm'cns Inc. v. Norte, FA 1000079 (Forum Aug. 16, 2007) (rejecting the respondent's contention that it did not register the disputed domain name in bad faith since the panel found that the respondent had knowledge of the complainant's rights in the UNIVISION mark when registering the disputed domain name).

 

DECISION

Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <logitechg502.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Paul M. DeCicco, Panelist

Dated: February 3, 2024