DECISION

 

JUUL Labs, Inc. v. Universe Domains / Universe / Host Master / 1337 Services LLC / Evan Wang

Claim Number: FA2403002087898

 

PARTIES

Complainant is JUUL Labs, Inc. ("Complainant"), represented by Hillary Schroeder of Pranger Law PC, California, USA. Respondent is Universe Domains / Universe / Host Master / 1337 Services LLC / Evan Wang, USA, Saint Kitts and Nevis, Canada ("Respondent").

 

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain names at issue are <soljuul.com>, <mangojuulpod.net> and  <catwifjuul.com>, registered respectively with Tucows Domains Inc., 1Api Gmbh and NameCheap, Inc.

 

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 March 12, 2024. Forum received payment on March 18, 2024.

 

On March 12, 2024 and March 23, 2024, Tucows Domains Inc., 1Api Gmbh and NameCheap, Inc. confirmed by e-mail to Forum that the <soljuul.com>, <mangojuulpod.net> and <catwifjuul.com> domain names are registered with Tucows Domains Inc., 1Api Gmbh and NameCheap, Inc. and that Respondent is the current registrant of the names. Tucows Domains Inc., 1Api Gmbh and NameCheap, Inc. have verified that Respondent is bound by the Tucows Domains Inc., 1Api Gmbh and NameCheap, Inc. registration agreements 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 March 26, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 15, 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@soljuul.com, postmaster@mangojuulpod.net, and postmaster@catwifjuul.com. Also on March 26, 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 formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.

 

On April 16, 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 names be transferred from Respondent 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 has shown that the <soljuul.com>, <mangojuulpod.net> and <catwifjuul.com> domain names are effectively controlled by the same person and/or entity, which is operating under several aliases.

 

Hence this decision refers to Universe Domains / Universe / Host Master / 1337 Services LLC / Evan Wang as "Respondent". 

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

By e-mail to Forum dated March 27, 2024, Respondent in the name of Evan Wang stated:

 

        "Hello, I want no trouble, can I be dismissed if I delete the domain?"

 

In light of the Panel's finding that the three domain names are effectively controlled by the same person and/or entity, which is operating under several aliases, the Panel takes this e-mail to signify consent by Respondent to the transfer to Complainant of the <soljuul.com>, <mangojuulpod.net> and <catwifjuul.com> domain names. Under these circumstances the Panel considers it appropriate to order the transfer of the domain names without embarking on the traditional Policy analysis. See Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) ("[U]nder such circumstances, where Respondent has agreed to comply with Complainant's request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.").

 

DECISION

Respondent having consented to the transfer of the domain names to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <soljuul.com>, <mangojuulpod.net> and <catwifjuul.com> domain names be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: April 18, 2024