DECISION
Snap Inc. v. Eizou
Claim Number: FA2403002090103
PARTIES
Complainant is Snap Inc. ("Complainant"), represented by Dennis L. Wilson of Kilpatrick Townsend & Stockton LLP, California, USA. Respondent is Eizou ("Respondent"), France.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <snapchat-supports.com>, registered with Squarespace Domains II LLC.
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 25, 2024. Forum received payment on March 25, 2024.
On March 26, 2024, Squarespace Domains II LLC confirmed by e-mail to Forum that the <snapchat-supports.com> domain name is registered with Squarespace Domains II LLC and that Respondent is the current registrant of the name. Squarespace Domains II LLC has verified that Respondent is bound by the Squarespace Domains II LLC registration agreement, which is in French, 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 April 2, 2024, Forum served the Complaint and all Annexes, including a French and English Written Notice of the Complaint, setting a deadline of April 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@snapchat-supports.com. Also on April 2, 2024, the French and English 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 in French and English.
On April 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.
PRELMINARY ISSUE: LANGUAGE OF THE PROCEEDINGS
As noted, the Squarespace Domains II LLC. registration agreement is in French. Pursuant to Rule 11(a), the language of the proceeding in relation to the <snapchat-supports.com> domain name shall be French unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.
Complainant requests that the proceeding be conducted in English, noting that the <snapchat-supports.com> domain name is in English and resolves to a predominantly French language website with the English language words "HOME," "ABOUT," "CLASSES," and "BLOG" in the website headers, as well as "OUR CLASSES VIDEOS" in the website content. In the absence of any Response, these circumstances satisfy the Panel that Respondent is likely to be proficient in English and that there would be no undue prejudice to Respondent if English were the language of the proceeding.
Further, pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the French and English language Written Notice of the Complaint and, absent a Response, determines that the remainder of the proceedings may be conducted in English.
PARTIES' CONTENTIONS
A. Complainant
Complainant, Snap Inc., owns and distributes the enormously popular SNAPCHAT camera and messaging application and storytelling platform—available for both the iOS and Android operating systems—that, among other things, allows users to share photographs, videos, and messages called "Snaps" with others via mobile devices (the "Snapchat App"). Complainant's products empower people to express themselves, live in the moment, learn about the world and have fun together.
Complainant has extensively promoted and distributed its mobile application and related goods and services in connection with the SNAPCHAT mark, in which it has rights through numerous registrations, including with the United States Patent and Trademark Office ("USPTO"). A number of UDRP Panels have found Complainant's SNAPCHAT mark to be famous, e.g. Snap Inc. v. Dan Premium, FA 1931133 (Forum Mar. 25, 2021); Snap Inc. v. Daisy Ducharme / baby & belly photography, FA 1872261 (Forum Dec. 28, 2019); Snap Inc. v. Roger Yafushi / Agencia Master, FA 1806649 (Forum Oct. 11, 2018) and Snap Inc. v. View Bird, FA 1749823 (Forum Oct. 30, 2017).
Respondent's <snapchat-supports.com> domain name is confusingly similar to Complainant's SNAPCHAT mark.
Respondent lacks rights or legitimate interests in the <snapchat-supports.com> domain name since there is no relationship between Complainant and Respondent. Respondent has no right to own or use any domain name incorporating Complainant's SNAPCHAT mark, and nothing in Respondent's WHOIS information suggests Respondent is commonly known by the domain name. Additionally, Respondent does not use the domain name for any bona fide offering of goods or services or legitimate noncommercial or fair use. Rather, Respondent uses the domain name to resolve to a website advertising web design or related services for its commercial benefit.
Respondent registered the <snapchat-supports.com> domain name in bad faith with actual knowledge of Complainant's rights in the SNAPCHAT mark and uses it in bad faith to direct traffic to a commercial website offering services unrelated to Complainant for Respondent's financial gain. Further, Respondent failed to respond to Complainant's cease and desist letter and used a privacy service when registering the domain name.
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 SNAPCHAT mark through numerous registrations, including with the USPTO (e.g., Reg. No. 4,375,712, registered on July 30, 2013). The Panel finds Respondent's <snapchat-supports.com> domain name to be confusingly similar to Complainant's mark, only differing by the addition of a hyphen and the word "supports", which does nothing to distinguish the domain name from the mark, and the inconsequential ".com" generic top-level domain ("gTLD"), which 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 <snapchat-supports.com> domain name was registered on May 2, 2023, many years after Complainant has shown that its SNAPCHAT mark had become famous worldwide. It resolves to a website in French that appears to promote the projects of a team of web developers to advertise and offer web design services.
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 <snapchat-supports.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (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 SNAPCHAT mark when Respondent registered the <snapchat-supports.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 mark as to the source of Respondent's website and of the services 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 <snapchat-supports.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: April 24, 2024
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page