DECISION

 

Mediacom Communications Corporation v. HolaDomains

Claim Number: FA2407002106327

PARTIES

Complainant is Mediacom Communications Corporation ("Complainant"), represented by Robert M. Wasnofski, Jr. of Dentons US LLP, Illinois, USA. Respondent is HolaDomains ("Respondent"), Costa Rica.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <mediacomsolutions.com>, registered with Realtime Register B.V.

 

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 July 15, 2024. Forum received payment on July 15, 2024.

 

On July 16, 2024, Realtime Register B.V. confirmed by e-mail to Forum that the <mediacomsolutions.com> domain name is registered with Realtime Register B.V. and that Respondent is the current registrant of the name. Realtime Register B.V. has verified that Respondent is bound by the Realtime Register B.V. 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 July 18, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 7, 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@mediacomsolutions.com. Also on July 18, 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 August 8, 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 is one of America's largest cable television companies. Through its interactive broadband network, Complainant provides its customers with a wide variety of telecommunications services, including high-definition cable television services, video-on-demand streaming services, high-speed Internet and telephone services and advertising and business marketing consulting services. It uses domain names including  <mediacombusiness.com>, <mediacomcc.com> and <mediacomcable.com> for websites to promote its services.

 

Complainant has rights in the MEDIACOM mark based upon registrations with the United States Patent and Trademark Office ("USPTO") and at common law. The <mediacomsolutions.com> domain name is virtually identical and confusingly similar to Complainant's well-known MEDIACOM mark.

 

Respondent has no rights or legitimate interests in respect of the <mediacomsolutions.com> domain name. There is no evidence to show that Respondent is commonly known by the names MEDIACOM or MEDIACOMSOLUTIONS and Complainant has not authorized or licensed to Respondent any rights in the MEDIACOM mark. Additionally, Respondent does not use the domain name for any bona fide offering of goods or services or legitimate noncommercial or fair use. Instead,  Respondent uses the domain name to redirect users to a website containing pay-per-click hyperlinks which combine terms related to the services that Complainant promotes under its MEDIACOM mark, i.e. "Business Internet", while leading to unaffiliated search results and websites, thus putting Internet users at risk of fraud, while falsely indicating an affiliation with Complainant.

 

Respondent registered the <mediacomsolutions.com> domain name with actual knowledge of Complainant's rights in the MEDIACOM mark in an attempt to capitalize unfairly on the goodwill of Complainant's well-known MEDIACOM mark and uses it in bad faith to deceive the public into believing that the corresponding website is associated with Complainant in some manner so as to free ride on Complainant's well-known MEDIACOM mark, divert Internet traffic intended for Complainant, and derive revenue from dissemination of pay-per-click links.

 

B. Respondent

Respondent failed to submit a Response in this proceeding.

 

FINDINGS

Complainant has established all the elements entitling it to relief.

 

DISCUSSION

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 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 MEDIACOM mark based upon registrations with the USPTO (e.g., Reg. No. 2,544,829, registered on March 5, 2002). The Panel finds Respondent's <mediacomsolutions.com> domain name to be confusingly similar to Complainant's mark because it incorporates the mark in its entirety with the mere addition of the generic word "solutions" and the inconsequential ".com" generic top-level domain ("gTLD"), which may be ignored.

 

Complainant has established this element.

 

Rights or Legitimate Interests

Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by Respondent, shall demonstrate rights to or legitimate interests in the domain name for purposes of paragraph 4(a)(ii) of the Policy, i.e.

 

(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 <mediacomsolutions.com> domain name was registered on May 26, 2024, many years after Complainant has shown that its distinctive MEDIACOM mark had become very well-known. It resolves to a website containing pay-per-click hyperlinks to "Business Internet", "Business Solutions" and "Business Consulting 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 <mediacomsolutions.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.

 

In the absence of any Response, the circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant's very well-known MEDIACOM mark when Respondent registered the <mediacomsolutions.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, sponsorship, affiliation, or endorsement of Respondent's website and of the goods or 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 <mediacomsolutions.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: August 9, 2024