DECISION
Amazon Technologies, Inc. v. live micro
Claim Number: FA2401002081042
PARTIES
Complainant is Amazon Technologies, Inc. ("Complainant"), represented by James F. Struthers of Richard Law Group, Inc., Texas, USA. Respondent is live micro ("Respondent"), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <amazoncom-mytv.com>, registered with Eranet International Limited.
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.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on January 26, 2024. Forum received payment on January 26, 2024.
On February 2, 2024, Eranet International Limited confirmed by e-mail to Forum that the <amazoncom-mytv.com> domain name is registered with Eranet International Limited and that Respondent is the current registrant of the name. Eranet International Limited has verified that Respondent is bound by the Eranet International Limited 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 February 2, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 22, 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@amazoncom-mytv.com. Also on February 2, 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 23, 2024, 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.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES' CONTENTIONS
A. Complainant
Complainant, Amazon Technologies, Inc., is a leading online retailer offering a wide variety of products and services under the AMAZON and AMAZON.COM marks. Its website at "www.amazon.com" is currently the 4th most-viewed website in the United States and the 7th most-viewed website globally. More than 200 million Amazon customers subscribe to Prime, an Amazon service through which customers pay an annual fee to receive free shipping on products sold by Amazon or third-party sellers, along with other benefits.
Complainant has rights in the well-known and famous AMAZON and AMAZON.COM marks through numerous trademark registrations around the world, including with the United States Patent and Trademark Office ("USPTO"). Respondent's <amazoncom-mytv.com> domain name is confusingly similar to Complainant's marks.
Respondent lacks rights or legitimate interests in the <amazoncom-mytv.com> domain name since Respondent has not used the domain name in connection with a bona fide offering of goods or services; is not making a noncommercial fair use of the domain name; and has never been legitimately known as or referred to as AMAZON, AMAZON.COM, or any variations thereof. Respondent is not affiliated with Complainant in any way; is not licensed by Complainant to use Complainant's AMAZON or AMAZON.COM trademarks; and is not an authorized vendor, supplier, or distributor of Complainant's goods and services. Respondent uses the domain name to attract traffic to a website with buttons and links masquerading as links to Complainant's genuine activation URL <amazon.com/mytv>. Respondent identifies itself using Complainant's URL and trademarks, and there are no disclaimers to distinguish Respondent from Complainant. Even the copyright notice incorporates Complainant's activation URL: "© 2023 • All Rights Reserved • www.amazon.com/mytv." This falsely suggests that the website is authorized by or links to Complainant's website. This constitutes passing off and is not a fair, nominative or otherwise legitimate use.
Respondent registered the <amazoncom-mytv.com> domain name in bad faith with actual knowledge of Complainant's rights in the AMAZON and AMAZON.COM marks and uses it in bad faith by creating the false impression that its website originates with, is approved by, or links to Complainant's website.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
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."
(i) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(ii) Respondent has no rights or legitimate interests in respect of the domain name; and
(iii) 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 as 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
Complainant has shown that it has rights in the AMAZON and AMAZON.COM marks through numerous registrations, including with the USPTO (e.g., AMAZON Reg. No. 2,078,496, registered on July 15, 1997 and AMAZON.COM Reg. No. 2,167,348, registered on June 23, 1998). The Panel finds Respondent's <amazoncom-mytv.com> domain name to be confusingly similar to Complainant's marks, only differing from them by the addition of a hyphen and the initials "mytv" and, in the case of the AMAZON mark, the addition of "com". These additions do nothing to distinguish the domain name from the marks. The inconsequential ".com" generic top-level domain ("gTLD") may be ignored. See, for example, Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429.
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 <amazoncom-mytv.com> domain name was registered on December 8, 2023, many years after Complainant has shown that its AMAZON and AMAZON.COM marks had become famous worldwide. It resolves to a website whose landing page displays "www.amazon.com/mytv," "Enter Amazon Activation Code," and "Login Amazon Prime Now" in the header. A purported "Get Activation Code" button, the purported Amazon Prime login, and numerous purported links to <amazon.com> and <amazon.com/mytv> actually link back to Respondent's <amazoncom-mytv.com> domain name.
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 <amazoncom-mytv.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 famous AMAZON and AMAZON.COM marks when Respondent registered the <amazoncom-mytv.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 marks as to the source of Respondent's website and of the goods promoted on that website. 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 <amazoncom-mytv.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: February 25, 2024
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